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BIOGRAPHICAL SKETCHES 

OF 

AMERICAN LAWYERS. 



HON. JOHN McLEAN, 

JUSTICE OF THE SUPREME COURT OF THE UNITED STATES. 



A LOW, Vaulted chamber in the eastern basement of the capitol, hav- 
ing no pretensions to architectural splendor and ornament, is the place 
where the Supreme Judicial department of the Federal Government 
has its local habitation. There is exercised an authority, bounded in 
its territorial extent only by the limits of the republic. It embraces 
among its subjects, individuals, tribes, and sovereign states ; the opera- 
tions of the state and federal governments in various departments and 
relations ; and determines rights incident to peace and war. Its judges 
are called upon sometimes to administer the laws of nations, the laws 
of the federal republic, the laws of the several states ; to expound na- 
tional treaties, and enforce private contracts. In the variety, import- 
ance and majesty of its jurisdiction, and the wisdom and simplicity of 
its exercise, the Supreme Court of the United States has no parallel 
upon earth, and is without example in the history of the world. The 
stranger in Washington, who comes into the presence of this tribunal, 
and witnesses the grave simplicity and wisdom that distinguishes its 
proceedings, feels a degree of respect and veneration inspired by no 
other department of the government. As with deep interest he looks 
upon the magistrates clothed with such high authority, his eye Avill 
rest upon the calm and dignified countenance of Mr. Justice McLccXn. 
who now sits in that chamber, the survivor of Marshall and Story, at 
the right hand of the Chief Justice, the senior judge in commission. 

A Judge of the Supreme Court of the United States, Postmaster- 
General, Commissioner of the General Land-Office, Member of Con- 
gress, a Judge of the Supreme Court of his own state — these important 
stations in the three departments of government, executive, legislative, 
and judicial, comprise the sphere of Judge McLean's public life. The 
manner in which they have been filled is distinguished by an ability 
equaled only by the integrity of his private life ; presenting a charac- 
ter useful and worthy of respect in its day and generation, extending 
by example its influence to all time. 

1 



> L3i 

34 DISTINGUISHED AMERICAN LAWYERS. 

The history of such a life is the history of the country. In the brief 
space allotted for this sketch, can only be traced in outline the path 
by which, from obscure youth and humble station. Judge McLean has 
attained the honors of his mature age. And it will thus be seen, that 
wiiile such distinction is reached by few, the path to it in this repub- 
lican government is open to all ; that to his principles may be ascribed 
the usefulness and success of his life. 

" Lives of great men all remind us, 

We can make our lives sublime ; 
And departing, htave behind us, 

Foot-prints on the sands of time." 

In Morris county. New- Jersey, on the II th of March, 1785, John 
McLean was born. Four years afterwards his father, in humble cir- 
cumstances, with a large family, removed to the western country ; 
settling for a short time, first at Morgantown, Virginia, afterwards on 
Jessamine, near the town of Nicholasville, Kentucky, from whence he 
removed in 1793 to the neighborhood of Mayslick; and finally, in 1799, 
to that part of the territory northwest of the Ohio river, which now 
constitutes Warren county, Ohio. He settled upon and cleared a farm 
in this new country, where for forty years, and until his death, he re- 
sided. His son afterwards owned, and for a long time resided, upon 
the homestead. The means of education in that country in those days 
were very limited ; and in the father's condition, the son could not be 
sent abroad to be educated ; but being sent to school at an eaily age, 
he made great proficiency in the elementary branches of education. 
Laboring on the farm until sixteen years of age, he then received in- 
^ struction from the Reverend Matthew Wallace and Mr. Stubbs in the 

languages, with which by their aid and diligent study he became well 
acquainted ; in the meantime, with generous independence refusing to 
tax his father's limited means, he by his own labor maintained him- 
self, and defrayed the expenses of his tuition. 

Ardent and aspiring, at an early age he resolved to pursue the legal 
profession. Animated with genuine ambition, dismayed by no difficul- 
ties, with firm and determined purpose confiding in his own virtue and 
industry to overcome all obstacles, he engaged at the age of eighteen 
years to write in the clerk's office of Hamilton county, in Cincinnati, 
in order to maintain himself by devoting a portion of his time each day 
to that hibor, while pursuing the study of law under the direction of 
Arthur St. Clair, an eminent counsellor, son of the distinguished general 
of that name, and who had been governor and judge of "the Northwest 
Territory. While su])porting himself, he thus acquired, in connection 
with the principles of legal science, a knowledge of the practical forms 
of his profession, the details of public business, and formed those me- 
thodical and diligent habits that proved of infinite service in his subse- 
quent career. In addition to his other employments, he became a 
member, and took an active part in the" discussions of a debating soci- 
ety in Cincinnati, many of whose members have since attained distinc- 
tion ii^ the public service. And it may well be doubted, whether any 
mode of instruction more cfiieient could have been devised for the 
future lawyer, statesman and judge, than was diligently resorted to for 



^» 



MB, JUSTICE m'lEAN, OF OHIO. 35 

three years by the young aspirant for his own improvement, and to 
overcome his straitened circumstances and secure his independence. 

In the spring of 1807, being then twenty-two years of age, Mr. 
McLean was married to a lady of amiable manners and great benevo- 
lence of character, Miss Rebecca Edwards, daughter of Dr. Edwards, 
formerly of South Carolina. She was for many years his devoted com- 
panion, sharing the struggles of his early life and the honors of his man- 
hood, in her own sphere presiding with judgment and discretion over 
the cares of a large family. 

In the flill of 1807, he was admitted to the bar ; and entering upon 
the practice of law at Lebanon, in Warren county, he soon found him- 
self in the enjoyment of public confidence, and in the receipt of ample 
professional emoluments. 

At the October election in 1812, becoming a candidate to represent 
in Congress his district, which then included the city of Cincinnati, after 
an animated contest with two competitors, he was elected by a large 
majority over both of the opposing candidates. The political principles 
with which he entered public life, and the manner they were acted upon 
in the high and responsible station to which he was now called, have 
been thus stated : " From his first entrance upon public life, John 
McLean was identified with the democratic party. He was an ardent 
supporter of the war, and of the administration of Mr. Madison, yet 
not a blind advocate of every measure proposed by the party, as the 
journals of that period will show. His notes were all given in refer- 
ence to principle. The idea of supporting a dominant party, merely 
because it was dominant, did not influence his judgment, or withdraw 
him from the high path of duty which he had marked out for himself 
He was well aware, that the association of individuals into parties, was 
sometimes absolutely necessary to the prosecution and accomplishment 
of any great public measure. This he supposed was sufficient to induce 
the members composing them, on any little difference with the majori- 
ty, to sacrifice their own judgment to that of the greater number, and 
to distrust their own opinions when they were in contradiction to the 
general views of the party. But as party was thus to be regarded as 
itself, only an instrument for the attainment of some great public good, 
the instrument should not be raised into greater importance than the 
end, nor any clear and undoubted principle of morality be violated for 
the sake of adherence to party. Mr. McLean often voted against poli- 
tical friends : yet so highly were both his integrity and judgment esti- 
mated, that no one of the democratic party separated himself from him 
on that account. Nor did his independent course in the smallest 
degree diminish the weight he had acquired among his own consti- 
tuents." 

Among the measures supported by him, were the tax bills of the 
extra session at which he first entered Congress. He originated the law 
to indemnify individuals for property lost in the public service. A re- 
solution instructing the proper committee to inquire into the expediency 
of giving pensions to the widows of the officers and soldiers who had 
fallen in their country's service, was introduced by him ; and the mea- 
sure was afterwards sanctioned by Congressional enactment. By an 
able speech he defended the war measures of the administration ; and 



36 DISTINGUISHED AMERICAN LAWYERS. 

by the diligent discharge of his duties in respect to the general welfare 
of the country, and the interests of his people and district, he continued 
to rise in public estimation. In 1814, he was re-elected to Congress 
by the unanimous vote of his district, receiving not only every vote 
cast in the district for representative, but every voter that attended the 
polls voted for him — a circumstance that has rarely occurred in the 
political history of any man. His position as a member of the com- 
mittee of foreign relations and of the public lands, indicates the estima- 
tion in which he was held, and his familiarity with the important ques- 
tions of foreign and domestic policy which were in agitation during the 
eventful period of his membership. The wide field for public usefulness 
presented by the representative branch of the national legislature, in- 
duced him to decline earnest solicitations to become a candidate for the 
United States Senate in 1815, at a time when his election was regarded 
as certain, although he had only attained his thirtieth year, and was 
therefore barely eligible. He remained in Congress until 1816, when 
the legislature of Ohio having unanimously elected him a judge of the 
Supreme Court of that state, he resigned his seat in Congress at the 
close of the session, and was succeeded as representative of that district 
by General Harrison. 

After his acceptance of the judgeship, and before his resignation, the 
famous compensation bill was reported, giving to each member of 
Congress a salary of fifteen hundred dollars a-year, in lieu of the per 
diem allowance then paid, which was supported by the judge 
and by the principal members of Congress of both political parties. 
He was on the committee that reported the bill ; and being convinced 
that it was a measure eminently calculated to advance the public ser- 
vice, he voted for it, believing that it would shorten the sessions of 
Congress, give it a more business character, and greatly lessen the pub- 
lic expenditure. Under this law, no useless discussions would have 
been tolerated, and the business before Congress would have been 
promptly dispatched. But the law was perverted, and its effects mis- 
represented by selfish aspirants, so that at the next session it was re- 
pealed, and the present law giving eight dollars per day, and eight dol- 
lars for every twenty miles travel, was passed. Under the salary 
system, few members would have consented to remain in session longer 
than was necessary to act on the business before them. The contingent 
expenses of Congress would have been one-third less than they now 
are, and the annual pay of the members would have been proportiona- 
bly reduced : at the same time, they would have been better paid for 
the time spent in legislation. But the most desirable feature in the 
reform would have been found in the increasing dignity and business 
character of the body. 

.Judge McLean remained six years upon the Supreme Bench of Ohio, 
serving the state with great advantage to its jurisprudence, and evincing 
those professional attainments and judicial qualities that have since dis- 
tinguished his present station. In the summer of 1822, he was ap- 
jiointed Commissioner of the General Land Office by President Monroe ; 
and in July, 1823, he became Postmaster-General. 

The administration of the General Post-Office, in the condition it then 
was, presented so little for an ambitious man of reputation to hope for, 



MR. JUSTICE m'lEAN, OF OHIO. 37 

and so much to dread, that his friends earnestly endeavored to dissuade 
him from accepting the appointment. Disordered arrangements, de- 
pressed finances, arduous duties, public complaints and distrust, not 
unmingled with groundless abuse and calumny, presented a field where 
it was generally thought no reputation could be won. But confiding in 
his own industry and ability, and relying with confidence upon the 
virtue and intelligence of the people properly to estimate devotion to 
their service. Judge McLean resolved to undertake the hazard of the 
office. Order and economy enforced, finances improved and credit 
restored, regularity and dispatch of the mail, intercourse extended, and 
commercial correspondence carried on with ease, celerity, and security 
before unknown, soon manifested the application of his vigorous mind 
and methodical habits to the complicated aflairs of the Post-ofiice de- 
partment. Devoting his personal attention to all the details of busi- 
ness, guarding against fraud and corruption in the making and execution 
of contracts, promptly dismissing unfaithful and inefficient contractors, 
agents, and postmasters, superintending all the correspondence, and 
acting upon all appointments and complaints, his administration of this 
department was rewarded with unexampled success and public confi- 
dence. By a nearly unanimous vote of the Senate and House, the Post- 
master-General's salary was increased from four to six thousand dol- 
lars. Those who from motives of policy opposed the measure, did so 
with reluctance ; and John Kandolph said the salary was for the officer 
and not for the office, and that he would vote for the bill if the law 
should be made to expire when Judge McLean left the office. 

The distribution of the public patronage of his department exhibited 
in another respect his qualities as an executive officer, and manifested 
the rule of action that has always marked his character. The principle 
upon which executive patronage should be distributed, has been one of 
the most important questions in this government, and has presented the 
widest variation between the profession and practice of individuals and 
parties. In the administration of the Post-office department by Judge 
McLean, an example was presented in strict consistence with sound 
principles of republican government, and just party organization. 
" During the whole time that the affairs of the department were ad- 
ministered by the judge, he had necessarily a difficult part to act. The 
country was divided into two great parties, animated by the most de- 
termined spirit of rivalry, and each bent on advancing itself to the lead 
of public affairs. A question was now started, whether it was proper 
to make political opinions the test of qualification for office. Such a 
principle had been occasionally acted upon during preceding periods of 
our history ; but so rarely, as to constitute the exception, rather than 
the rule. It had never become the settled and systematic course of 
conduct of any public officer. Doubtless every one is bound to concede 
something to the temper and opinions of the party to which he belongs, 
otherwise party would be an association without any connecting bond 
of alliance. But no man is permitted to infringe any one of the great 
rules of morality and justice, for the sake of subserving the interests 
of his party. It cannot be too often repeated, nor too strongly im- 
pressed upon the public men of America, that nothing is easier than to 
reconcile these two apparently conflicting views. The meaning of 



38 DISTINGUISHED AMERICAN LAWYERS. 

party, is an association of men for the purpose of advancing the public 
interost>5. Men thrown together indiscriminately, without any common 
bond of alliance, would be able to achieve nothing great and valuable; 
while united together, to lend each other mutual support and assistance, 
they are able to surmount the greatest obstacles, and to accomplish the 
most important ends. This is the true notion of party. It imports 
combined action ; but does not imply any departure from the great 
principles of truth and honesty. So long as the structure of the 
human mind is so varied in different individuals, there will always be 
a wide scope for diversity of opinion as to public measures ; but no 
foundation is yet laid in the human mind for any material difference of 
opinion, as to what constitutes the great rule of justice. 

" The course which was pursued by Judge McLean, was marked by 
the greatest wisdom and moderation. Believing that every public 
officer holds his office in trust for the people, he determined to be in- 
fluenced by no other principle in the discharge of his public duties^ 
than a faithful performance of the trust committed to him. No indi- 
vidual was removed from office by him, on account of his political 
opinions. In making appointments where the claims and qualifications 
of persons were equal, and at the same time one was known to be 
friendly to the administration, he felt himself bound to appoint the one 
who was its friend. But when persons were recommended to office, it 
was not the practice to name, as a recommendation, that they had been 
or were warm supporters of the dominant power. In all such cases, 
the man who was believed to be the best qualified was selected by the 
department." 

Having illustrated his principles and character in private and pro- 
fessional life, in legislative, judicial and executive functions, Judge 
McLean was now called to exercise his capacity and attainments in the 
full maturity of their strength, in the highest judicial station. By the 
ajipointment of General Jackson in 1829, he was placed upon the 
Bench of the Supreme Court of the United States, having declined the 
War and Navy departments, which were tendered to him. The circum- 
stances that accompanied this appointment evincing the confidential 
relations that existed between General Jackson and Judge McLean, 
notwithstanding their different sentiments upon some principles of 
public policy, are interesting and highly creditable to both parties. 
They have been thus related : 

"" On the arrival of General Jackson, after his election to the presi- 
dency, and when he was about selecting the members of his cabinet, 
Judge ^McLean was sent for to ascertain whether he was willing to re- 
main at Washington. General Jackson having stated the object of the 
interview, the judge remarked, that he w\as desirous to explain the line 
of conduct he had hitherto pursued : observing, that the general might 
have received the impression from some of the public prints, that the 
Postmaster-General had used the patronage of his office for the purpose 
of advancing the general's election ; but he wished him to understand, 
that no such thing had been done — and that had he pursued such a 
course, he would deem himself unworthy of the President's confidence, 
or that of any other honorable man. But that he was bound in candor 
to say, should he remain in oflice, he would not deviate in any respect 



MR. JUSTICE m'lEAN, OF OHIO. 39 

from the course he had pursued under Mr. Adams. That in all he had 
done he had looked with a single eye to the public interest, and that 
the same motives would govern his future action. That no power, 
which could be brought to bear upon him, would change his purpose. 
The general replied with warm expressions of regard and confidence, 
and wished him to remain in the Post-office department. He at the 
same time expressed regret, that circumstances did not enable him to offer 
the judge the Treasury department. The judge replied, that having 
held office under the late administration, he was delicately situated, 
and required no distinction in his organization ; that he would remain 
in the Post-office department on the terms stated, or retire, as might be 
deemed proper." It is well here to remark, that the Postmaster- 
General was not a member of the cabinet, until he was made so by 
General Jackson. Some of the personal friends of the judge, who had 
been designated for the cabinet, fearing that his course in the Post-office 
department might not harmonize with the one which the members of 
the cabinet felt themselves bound to take, had conversations with him 
on the subject : and finding his purpose not to be changed, a seat on the 
Supreme Bench was offered to him, which he accepted, and to which he 
was immediately nominated. 

Judge INIcLean had received so large a shaia of public confidence in 
political life, and believing the people would sustain a public servant 
who honestly devoted his time and abilities to their service, that he 
left the department with great reluctance. He desired, above all things 
earthly, to see this great and glorious experiment of free government 
carried out in its true spirit. And this, he doubted not, would secure 
through all time to come, unbounded prosperity and happiness to those 
who were under its. jurisdiction ; and that its moral power would so 
operate upon the civilized world, sooner or later, as to overturn the 
thrones of despotism, and introduce in every nation a national liberty. 

At the January teru), 1830, Judge McLean entered upon his duties 
as a judge of i the Supreme Court of the United States. There is, per- 
haps, no station which calls into exercise, to a greater degree, the high- 
est faculties of the human intellect. In that tribunal must be discussed 
not only points of judicial learning, but theoretic and practical ques- 
tions of art, science and government frequently arise, their decision 
involving the present and future rights and interests of citizens and of 
states, the prosperity of commerce, the extent of legislative and execu- 
tive powers, the stability of republican principles, and the progress of 
mankind towards peace and happiness. Judge McLean's eminent fit- 
ness for that station has been manifested by twenty-two years' service 
upon the Supreme Bench, in which period the jurisprudence of the 
country has been enriched by the diligent labors of his energetic and 
cultivated mind. By his early habits of labor and industry, his intel- 
lect was trained and his body inured to undergo exhaustion and 
fatigue greater than is imposed upon any other department of the gov- 
ernment. Upon questions of commerce and constitutional law, his 
opinions have been distinguished ; evincing great powers of reasoning 
and investigation, they manifest a clear perception of the principles 
upon which the federal government was established, a profound vene- 
ration of their wisdom, and an inflexible firmness in their support. 



\ 



40 DISTINGUISHED AMERICAN LAWYERS. 

The duties of the judges of the Supreme Court requirhig the exercise 
of their functions not only in term at the capitol, but in their respective 
circuits, they may exercise an important influence upon the bar and 
up(^ the character of state jurisprudence. In this respect the influence 
of Judge McLean has been sensibly felt. His courtesy and patient at- 
tention to counsel, the dignity of his demeanor, and the uprightness of 
his conduct upon the bench and in private life, observed by the law- 
yers assembled at the state capitals, and by intelligent jurors and wit- 
nesses, have afforded an example which, throughout his circuit, is held 
in high estimation. Some of his charges to grand juries in the crises of 
important events, are regarded as the most able and eloquent exposi- 
tions of the rights and duties of American citizens amongst themselves 
towards foreign nations and other states. The reports of the Supreme 
Court of the United States, and the reports of his decisions upon the 
circuit, form a monument of judicial fame, for which the honors 
awarded to the chief magistrate of the republic would be a free ex- 
change. 

The honorary degree of Doctor of Laws has been conferred upon 
Judge McLean by Cambridge University, the Wesleyan University, 
and by several other colleges and institutions of learning in the western 
and south-western states. 

In December, 1840, the judge suflfered the severest affliction to which 
any man can be suljjectcd, in the loss of the companion of his youth 
and the mother of his children. She died as she had lived, an example 
of virtue and the triumphs of religion. In 1843, he married Mrs. Sarah 
Bella Garrard, daughter of Israel Ludlow, Esq., one of the founders of 
Cincinnati, a lady extensively known and admired for the graces of 
her person, the charm of her manners, and the accomplishments of her 
refined and cultivated intellect. 

Judge McLean is tall and well-proportioned in person, his appear- 
ance indicating great ^igor of body and intellectual energj. His habits 
of life have always been simple and unostentatious. Cheerful in tem- 
per, frank in manners, instructive and eloquent in conversation, he 
possesses, in rare degree, the faculty of inspiring confidence and warm 
attachment towards him in those who come within his influence, es- 
pecially in young members of the bar, towards whom his kindness and 
courtesy has always been extended. A professor of the Christian 
religion, he has sought to regulate his public and private life in strict 
consistence with his fliith ; by diligence, justice, and charity, showing 
forth the consistence of religious principles and profession with the du- 
ties of a citizen, a lawyer, a statesman and a judge. 



ROBERT C. GRIER, OF PENNSYLVANIA. 41 

HON. ROBERT C. GRIER, 

JUSTICE OF THE SUPREME COURT OF THE UNITED STATES. 



The life of a professional or literary man seldom exhibits any of 
those striking incidents that seize upon public feeling, and fix attention 
upon himself. His character is generally made up of the aggregate of 
the qualities and qualifications he may possess, as these may be elicited 
by the exercise of the duties of his vocation, or the particular profes- 
sion to which he may belong. The subject of this brief notice may 
not form an exception to this general rule. His life has been one of 
hard study, from his youth ; and since maturity, of laborious profes- 
sional duty in the several relations in which he has been placed — and 
the high place to which he has attained, is evidence that these qualities 
afford the means of distinction under a system of government in which 
the places of honor are open to all who may be found worthy of them. 

Robert Cooper Grier was born March 5th, 1794, in Cumberland 
county, Pennsylvania, where his father, the Rev. Isaac Giier, at that 
time resided ; his mother was the daughter of the Rev. Robert Cooper 
of the same county, both of the Presbyterian Church. His father re- 
moved from Cumberland to Lycoming county, in the same state, in 
the fall of* 1794, where he bought a farm and built a house on it, a lit- 
tle below the mouth of Pine Creek, on the west bank of the Susque- 
hanna River : while resident there, he preached to three congregations 
for a very small compensation, derivhig the means of his support 
mainly from a grammar-school which he taught, and the proceeds of 
his farm. He was a very superior Greek and Latin scholar, and every 
way competent as an instructor in those languages. And his amiable 
and excellent character, his benevolence and faithfulness as a pastor, 
gained for him the aflfections of all who knew him. Few men in a 
like sphere have been more beloved ; and the many excellencies of the 
father's character were not lost upon the son. The latter, at the age 
of six years, began to learn Latin under the instructions of his father, 
and by the time he had reached his twelfth year, had mastered the 
usual course of Latin and Greek as they were then taught in ordinary 
schools. He continued his studies under his flxther's direction till 
1811, when he went to Dickenson College, and entered the junior class 
half advanced. In the mean time, in 1806, his iather had removed to 
Northumberland, Pa., having been invited to take charge of the 
academy at that place ; and there also he served three congregations in 
his capacity of clergyman, but supporting his family mainly, as former- 
ly, by the revenue derived from his labors as a teacher. His method 
of conducting the academy did honor to his talents ; it grew under his 
care into a highly respectable establishment, and obtained a high char- 
acter in that district of country. This reputation, and the thorough 
ness of the course of instruction pursued, was the means of elevating 
the academy into a college, under an ample charter, with power to con- 
fer degrees, in the usual form in like institutions. This enlargement 
called for more of the machinery of education than the institution had 



\ 



42 DISTINGUISHED AMERICAN LAWYERS. 

before possessed ; and the librarj' of a celebrated professor, who had 
lived the hitter part of his lifvi iti Northiunberhiud, and not long 
befijre had died there, together with his philosophical apparatus, were 
procured for the college. 

In the meantime, the subject of this notice continued at Dickenson 
College. His aptitude for the languages and early instruction, had 
placed him far ahead of all competitors in that branch. He was so 
thoroughly master of the Latin, that he could write it with facility, 
perhaps as well as his mother tongue, and though indifferent to, and never 
troubling himself about college honors, his superior ability and acquire- 
ments were not questioned. His instructor in chemistry was Doctor 
Cooper, formerly a judge in the interior of Pennsylvania, then professor 
of chemistry in Dicltenson College, and afterwards President of 
Columbia College, South Carolina, whither he had been invited by the 
state ; and known throughout the country for his extensive literary and 
scientific attainments ; and with whom our student was always a fevorite. 
He graduated at Dickenson in 1812, but taught grammar-school in the 
college till 1813, when he returned to Northumberland, to aid his 
father in his college duties, now become onerous by the addition of 
numerous students, and the increasing duties of the enlarged insti- 
tution. 

Shortly after this his father's health began to fail. He became dys- 
peptic, and this disease continued to enfeeble and distress him up to the 
period of his death, which occurred in 1815. And few menTiave lived 
more beloved, or died more lamented. 

His virtues and many excellencies of character did not perish ; they 
left their impress long on the community in which he had lived ; and 
have descended upon his son, a goodly inheritance, and one that passeth 
not away. 

The well-known acquirements of the son, pointed to him, young as 
he then was, (not twenty years of age,) as the successor of the father, 
and he was accordingly, soon after the death of the former, appointed 
principal of the college ; and in this new situation, the extent and' 
variety of his duties go to show how much may be accomplished, 
where resolution and will are combined with ability. He graduated the 
classes, delivered lectures on chemistry, taught astronomy and mathe- 
matics, Greek and Latin, and studied law, all at the same time. 

His law instructor was Charles HftU, Esquire, late of Sunbury, 
Northumberland county, a gentleman eminent in the profession, under 
whom he was admitted to tiiebar in 1817, and commenced practice the 
same year. 

His professional career, which has since proved so successful, com- 
menced in Bloomsburg, Columbia county, Pennsylvania. There he 
continued, however, but a short time, for we find him settled in Dan- 
ville, ill the same county, in 1818 ; here his practice rapidly increased, 
and was soon extended to four or five of the surrounding counties; and 
there he continued till he was appointed, by Governor Wolf, President 
.Judge of the District Court of Alleghany county. 

And here it may not be improper to state certain events, very well 
known and justly appreciated in the place and neighborhood where they 
took place, and which evince the excellent qualities of heart of the sub- 



Q 



ROBERT C. GRIER, OF PENNSYLVANIA. 43 

ject of our note. At his father's death, he found himself the oldest of 
many brothers and sisters, including himself, eleven in number, most 
of them young and helpless ; and they, together with his widowed 
mother, were entirely dependent upon him for their support. Well 
and faithfully did he perform the duties that this condition of things 
called for. He possessed but little of this world's goods, but he had 
health, energy, talent, and a profession ; but he bent himself to the 
task, and with these materials, fairly brought into requisition under 
the guidance of a sound and affectionate heart and a willing mind, he over- 
came all difficulty. His brothers were well and liberally educated, and 
settled in business or professions. His sisters lived with him till they 
were married ; and his mother, till she died. As a son and brother, as 
well as in all subsequently formed domestic relations, he has been dis- 
tinguished by the kindest and tenderest aflections ; and no man is more 
beloved by his family and friends. If it be true that the recollection 
of kind and benevolent actions warms the heart into peace with itself, 
then may our' friend well i-ejoice in the past, and look to the future in 
the thankfulness of hope. 

But to our narrative. His brothers and sisters being all married and 
settled in life, he had leisure to look out for himself; and in the year 
1829, he married Miss Isabella Rose, the daughter of John Rose, Esq., 
a native of Scotland, who emigrated to this country in 1798. Mr. 
Rose had been admitted to the bar in Europe, but never practised, or 
sought practice here. He was a gentleman of education and accom- 
plishments, and possessed of considerable estate. He bought a beau- 
tifully-situated farm on the banks of the Lycoming Creek, about two 
miles above Williamsport, in Lycoming county, upon which he re- 
sided till his death, and which now belongs to Judge Grier. This 
stream is celebrated for the fine trout with which it abounds, some 
distance from its mouth. And this we mention more particularly, as 
the judge makes an annual excursion to his farm and fishing ground, to 
enjoy his favorite vocation of trout fishing. He early became a 
disciple of Isaac Walton, and is faithful to his preceptor to this day. 
Nothing is suffered to interfere with this excursion : and when the month 
of June arrives, he is sure to find his way to the creek, with a few se- 
lect companions, and all the necessary apparatus for catching and cook- 
ing his favorite fish, together with all manner of generous accompani- 
ments to give zest to the luxury. This fishing ground is in the midst 
of the eastern ridges of the Alleghany mountains, into which the stream 
penetrates, and is surrounded with dense forests in their primitive 
state. The invigorating air of the woods, the beauty and wildness of 
the scenery, contrasted with that to which he is accustomed, the con- 
tinued exercise and pleasure of the sport, sometimes not without ad- 
venture, all have their charm. And the judge returns to his pro- 
fessional duties, somewhat sunburned and weatherbeaten, to be sure, 
but with recovered powers, renovated frame, and clear head, ready for 
another year of labor. 

His appointment to the District Court of Alleghany county was 
made May 4th, 1838. He removed to Pittsburg in October of the 
same year, and resided in Alleghany City till September, 1848, when 
he removed to Philadelphia, where he continues to reside. • 



44 DISTINGUISHED AMERICAN LAWYERS. 

On the 4th of August, 1846, he was nominated, by President Polk, 
one of the Justices of the Supreme Court of the United States, in the 
place of Judge Baldwin, deceased, and was unanimously confirmed by 
the Senate the next day. 

The professional career of Judge Grier, while at the bar, was mark- 
ed by high integrity of purpose, and fidelity to his client, qualities not 
unusual in the profession ; but with him there was a benevolence not 
so universal, and generosity towards those who sought his services 
with but limited means of remuneration, that procured him many 
clients of this description ; and for many has he gone through with re- 
peated and arduous conflicts, without money and without price. 

In the conducting of his case, he was not apt to trouble himself 
much about its mere technicalities, and despised all the tricks and 
catches of the law ; he regarded mainly the principles involved in it, 
and arguing it upon this basis, his views were clear and logical, and 
always delivered with great distinctness and force. 

While presiding in the District Court at Pittsburg, he had the con- 
fidence of all the bar, which was one of the ablest in the state. There 
was a deference paid to his decisions highly honorable, and an attach- 
ment to himself personally, not often found to exist in the same degree 
between the bar and the bench. If the cause before him had merits, its 
advocate had nothing to fear ; if doubtful, he was sure of a fiiir and 
candid hearing ; but if without merits, or if tinctured with fraud, it 
behooved him to take care of his case, for he was sure of neither aid 
nor quarter from the court. 

With the jury his charge was everything : they had entire confidence 
in his integrity and learning, and knew that he only aimed to arrive at 
justice. Their verdict was responsive to his instructions. And when 
exception was taken to his charge or opinion, nothing was withheld by 
selfish regard to pride of opinion, or petty doubt as to the unnecessary 
action of a higher tribunal. His view of the law was fairly stated, 
and sent up as delivered, without addition or diminution, upon its own 
merits to stand or fall. All men are liable to err, but he who feels the 
consciousness of power within himself, fears not, but rather desires the 
examination of his opinions by those who may have the power, toge- 
ther with the responsibility, of sustaining or reversing them. Every 
judicial opinion affects the property, the reputation, or tlie person of 
some one, to a greater or less extent ; and a faithful judge would ra- 
ther rejoice in the detection of his error, than that it should be suffered 
to exist to the injury of another. 

Since the elevation of Judge Grier to the Supreme Court, his judicial 
reputation has become the common property of the country, and is 
well established. His discussions bear testimony to this, and these 
are in the hands of every professional man. They disclose extensive 
learning and research, and a persevering seeking of the principle lying 
at the basis of the particular point under discussion — and this dis- 
covered, it is never lost sight of; and the conclusion arrived at is pro- 
nounced with the boldness of a fearless spirit, regardless of all conse- 
quences, save the one aim of bringing the truth to light, and giving 
effect to the law. His argument will stand the test of strict scrutiny ; 
is clear in its statements and details, marked, perhaps, more by the 



HON. W. F. BULLOCK, OF KENTUCKY. 45 

qualities of common sense, clearness and strength, than by any effort 
after ornament, though by no means deficient in illustration, which is 
readily supplied by his well-stored mind. The works which contain 
the evidence of Judge Grier's judicial reputation are accessible to every 
one — an examination of these would swell this notice far beyond the 
limits assigned to it, and would require more time and ability than the 
writer has to bestow. He leaves it, therefore, to abler hands. 

His elevation to the distinguished place he now holds, has worked 
no alteration in the man. The same modest worth that marked his 
youth and maturity, continues to adorn his riper years. The same 
kindness of disposition to all, the same attachment to friends, and 
affection for those- dependent upon him : a lover of his country, and, of 
the very necessity of his nature, a religious man, and therefore a 
Christian — long a member of the church in the principles of which he 
was educated, and some time participating in its government — but 
liberal in his views, regarding the spirit rather than the letter of his 
creed. Happy in his domestic relations, in the affections of an amiable 
and excellent wife, in the love of his children, in the attachment of his 
many friends, and highly honored, as he is, by his country — his life 
affords an example of the triumph of right principles, unshrinking 
integrity, persevering industry, and fidelity to truth and to himself, 
over difficulties of formidable character, and from which a mind of less 
energy would have shrunk. 

" Heaven does with us as we with torches do, 
Not light them for themselves : for if our virtues 
Did not go forth of us, 'twere all the same 
As if we had them not." 



HON. W. F. BULLOCK, OF KENTUCKY. 

Biographical sketches of those who have attained meri ted distinction 
in American law, have a charm and force in them, that commend 
them to every sound thinker. We naturally feel an interest in tracing 
the footsteps of those who have reached elevated positions in public 
confidence, and have wielded their influence for the public good ; who, 
loving truth and integrity for their own sakes, have undeviatingly fol- 
lowed their dictates, no matter what the personal consequences might 
be. Eecords of this kind are calculated to raise the ministrations of 
law in public estim_ation, and are guides for the junior members of the 
profession, in their pursuit of reputation, distinction and position. 

The Hon. William F. Bullock, whose career we are about to sketch, 
has long been conspicuous in a corps of celebrities, second to none in 
this Union in point of ability and fame. The Kentucky bar has long 
enjoyed a high reputation, and its members have largely influenced the 
character, not only of the Great West, but of the Union. The mother 
of most of the western states, she can point to her deeds in the 
National Councils for the past fifty years, and her sons glory in the 
fame of her Breckenridges, Nicholas, Daviess, Clay, Rowan, Barry, 



46 DISTINGUISHED AMERICAN LAWYERS. 

Crittenden, Sharp, Boyle, Owsley, Mills, Trimble, Bibb, Robertson, and 
a host of others, who contributed to the imperishable legal renown of 
the state. 

For a long period of time, in the early history of Kentucky, Lexing- 
ton enjoyed a large portion of the renown of the state. That city is the 
centre of one of the richest agricultural districts in the western country. 
The first newspaper printed west of the Alleghany mountains was 
published in Lexington ; and Transylvania University, for a number of 
years tlic most renowned institution in the great valley, was located 
there. From that venerable hall of learning, Kentucky scattered, with 
a profuse hand, her intellectual treasures over the West and South. 
While Transylvania University was under the auspicious administration 
of President Holley, it is doubtful whether any city in the United 
States possessed a larger share of intellectual activity than Lexington. 
A love of literature and science pervaded all ranks ; education flourish- 
ed in all its departments ; the general pursuit of knowledge which char- 
acterized the people, enabled them to support for many years the finest 
public library in the West, to which was attached reading rooms, 
containing all the best periodicals in the English language. The great 
genius of Matthew Jouitt, one of the noblest artists upon canvass that 
this country has produced ; and the cultivated taste, public spirit and 
enterprise of John D. Clifford, commanded the prosperity of the fine 
arts in Lexington at this period. Philosophy, literature, classical 
learning, science and art, went hand in hand ; and Lexington was the 
glory, the pride, and the cynosure of the Great Valley. That was the 
golden age of literature, science and art, in the West. 

In addition to the resources of intellectual growth and activity al- 
ready mentioned, Lexington maintained, for about fifteen years, the 
ablest, most prosperous and successful medical school in the western 
country. The renown of her medical teachers was co-extensive with 
the Union, and none of the successors of this school have ever rivalled 
the ancient fame of the medical department of Transylvania University. 
The reputation of the medical school finally overshadowed the fame of 
the University. 

Nor were the interests of a Law School neglected in the midst of these 
intellectual energies : but one was established as a department of the 
University, which speedily attained a high rank. The genius and abili- 
ties of the bar of Lexington were illustrated by Henry Clay, William 
T. Barry, William Blair, Jesse Bledsoe, Joseph Cabell, Breckenridge, 
and others, who, with less extended fame, enjoyed a high reputation at 
liome. 

It was in the midst of these intellectual energies, that the subject of 
the following sketch first saw the light, and to his career we now direct 
the attention of the reader. 

William F. Bullock was born on the 16th January, 1807, in Fayette 
county, Ky., ""of which Lexington is the county seat. At an early 
period he exhibited a fondness for study, and such was the proficiency 
attained at a country school, that he entered Transylvania University, 
and graduated in 182-4, when he was but seventeen years of age. The 
writer of this sketch knew him at the time of his matriculation in the 
University. No student ever entered those classic halls with a higher repu- 



HON. W. F. BULLOCK, OF KENTUCKT. 47 

tation ; and his devotion to study, his modesty and good habits, enabled 
him to add largely to his youthful fame. At the time of his gradua- 
tion, he was esteemed as second to none of the distinguished eleves of 
Transylvania University, then in the zenith of her renown. As an 
orator, he was unrivalled in that institution ; and such was his great 
distinction, that upon the return of Mr. Clay to Kentucky, after his 
vote for Mr. Adams, when his congressional district determined, in its 
own language, " to speak its instructions to Henry Clay, in a language 
that coufd neither be misunderstood nor mistaken," the youthful orator 
of Transylvania was selected to deliver the speech, welcoming the 
patriot of Kentucky to the hearts of those who had long entrusted 
their political interests to his keeping. It was an occasion of deep in- 
terest; it drew people from various parts of the state, and an immense 
assembly of Kentuckians, and citizens of other states, was gathered to 
receive the illustrious sage of Ashland. For the time being, the eyes of 
the nation were upon Lexington. The traducers of the fame of her 
most illustrious son looked on the scene with fear and trembling, while 
the friends of the administration of Mr. Adams looked to it as a source 
of hopeful energy and triumph. In the midst of all these great inter- 
ests, in the presence of that great assemblage, indeed, of the American 
people, the young orator of Transylvania addressed a speech of wel- 
come to Henry Clay, that was worthy of the occasion. It was an effort 
of eloquence of which any son of Kentucky might well have been 
proud. Even during the mighty response of Mr. Clay, whether its 
eloquent tones were moving the best feelings of our nature, or its 
withering scorn was hurling its defiance and its anathemas upon the heads 
of those whose machinations were struggling for his ruin, the calm 
and elevated eloquence of the youthful orator worked its way into the 
memories of the people, and placed him conspicuous among the speak- 
ers of Kentucky. 

In 1828, Mr. Bullock moved to Louisville, Kentucky, and commenced 
the practice of law, in the midst of as formidable competition as could 
be found in the state. But the same habits that had given him such 
enviable distinction in the curiiculum of Transylvania University, soon 
attracted attention to him in his new sphere of duty, and gave him 
high rank among the able men who adorned the Louisville bar. 

After a probation of ten years at the bar, the public voice 
called him to a seat in the Kentucky Legislature. He was a 
member of the House of Representatives, in 1838, 1840 and 1841, 
and was the author of some of the noblest monuments of Kentucky 
legislation. 

To his well-directed eff'orts, efforts that never knew fatigue while the 
cause needed exertion, Kentucky is indebted for her common school 
system. He introduced the bill into the legislature, and by his elo- 
quence, his entire mastery of the whole subject, and his untiring labors, 
both as the eloquent exponent of the cause before the representatives 
of the people and the profound writer for the press, he so deeply 
engraved the merits of the common school system upon the 
public mind, that it now defies all the powers of its enemies. 
Various eflbrts have been made to cripple this system, and the most 
formidable was the attempt in 1843 to cancel the bonds of the state, 



48 DISTI>fGUISHED AMERICAN LAWYERS. 

which had been given to the Board of Education, on account of a loan 
of the money that had been appropriated to the common school 
system. The original appropriation was eight hundred and fifty 
thousand dollars, a portion of the dividend paid to Kentucky from the 
surplus revenue of the general government. This sum was loaned to 
the state on her bonds. In 1843, an attempt was made to cancel these 
bonds, by which the common school system would have been utterly 
destroyed. ]\Ir. Bulloeli was not at that time a member of the legisla- 
ture, but he earnestly appealed, through the press, against this great 
outrage. While the danger lasted he was always at his post, ^battling 
for tlie cause that had enlisted his zeal and his best abilities. To his 
noble exertions, his thorough understanding of the subject, and his per- 
suasive eloquence, Kentucky is indebted for her common school system, 
a system that is scattering innumerable blessings among the rising 
generation. A profound debt of gratitude is due to Judge Bullock for 
his services in the cause of education. 

Nor were the philanthropic exertions of Mr. Bullock, while he was 
in the legislature, confined to the cause of popular education. When 
efforts were first begun in Kentucky for an improved management of 
the insane, those efforts found in him a zealous and intelligent cham- 
pion. In 1842, he produced a profound impression upon the public 
mind, by a report which he submitted to the Kentucky legislature on 
the management of the insane. He accompanied the report with a 
speech which commanded the attention of the state, and to his exertions 
the triumph of the cause is due. Kentucky has been exceedingly liberal 
since that time, in her appropriations to the insane ; and the lunatic 
asylum now compares for excellence with any in the United States. 
To Judge Bullock is due the honor of the improvements in Kentucky, 
in ameliorating the condition of the insane. Although a feeling of 
animosity existed at the time between Lexington, where the asylum is 
located, and Louisville, with whose representation he was connected, 
he nobly spurned all local and selfish considerations, and advocated the 
philanthropy for its own sake. He did for Kentucky what Pinel did 
for France. 

Another crowning glory of Judge Bullock's legislative career, was in 
his successful exertions to procure an endowment from the state, for an 
institution for the education of the blind. His eloquent advocacy of 
the cause, his zeal and energy, were crowned with success ; and, in 1841, 
the legislature of Kentucky appropriated ten thousand dollars towards 
establTshing a school for the blind. This is the fovorite eleemosynary 
institution in Kentucky. The legislature has been liberal in its endow- 
ments for its support, and the institution has resources now amounting 
to some twenty-five thousand dollars for the erection of buildings and 
furnishing the scliool. In one respect, the Kentucky school for the 
blind is in advance of every other in the country. In response to an 
appeal on the part of the trustees, the legislature gave that body the 
power to confer upon all meritorious graduates of the institution a 
copy of the Bible and of the Constitution of the United States, printed 
in raised letters. The state deserves much credit for this noble munifi- 
cence. 

Judce Bullock was one of the original Trustees of this institution. 



HON. W. F. BULLOCK, OF KENTUCKY. 49 

and has been one of the most active and useful members of the Board 
to the present time. He has been President of the Board of Trustees 
from its first organization until now. 

These are the monuments of the legislative career of Judge Bullock, 
and his friends point to them as the characteristics of the man. They 
have conferred unnumbered blessings upon Kentucky, the ellects of 
which will go on increasing from year to year. To be the acknow- 
ledged author of the Common School System of Kentucky, of the 
vastly improved means which now exist in Kentucky, by law, for 
managing, protecting and curing the insane, and of the institution fur 
the education of the blind, is an honor of which any man might well 
feel proud. His legislative career is a model for those who wish to 
confer real blessings upon the commonwealth, and to obtain a good re- 
port for themselves. 

After the close of his legislative career, Mr. Bullock again resumed 
the practice of his profession. In 1846, he was appointed to the Bench, 
as Judge of the Fifth Judicial District. The appointment gave general 
satisfaction. His high legal reputation, his urbanity of demeanor, his 
decision and firmness, and his universally acknowledged integrity in 
all things, gave an earnest of a successful career in this new sphere of 
usefulness which has been fully redeemed by his judicial course. There 
is no court in Kentucky that sustains a higher character, nor is there 
one that commands a greater degree of confidence. The interests 
committed to this court are of much greater magnitude, than are to be 
found in any other judicial district in Kentucky. Louisville, the com- 
mercial emporium of the state is in the circuit, and the most important 
questions of commercial law are frequently presented for adjudication. 
This court, also, has criminal jurisdiction, and the criminal docket is the 
largest and most interesting in the state. This complication necessarily 
requires a Judge of ability and learning. The judiciary of Kentucky 
has been adorned with names that would have commanded respect any 
where, but no one has ever attracted a larger show of public confidence 
and respect than Judge Bullock's. A striking evidence of this fact is 
furnished by the election of judges by the people in the sixth year of 
Judge Bullock's judicial life. The new constitution of Kentucky re- 
quires the election of judges by a popular vote; and in 1851, the first 
election took place. The district had been so changed, that but one of 
the former counties in Judge Bullock's district remained, and three 
new ones were added to it. In this state of things, a competitor for 
the office presented himself under auspicious circumstances for success. 
There were portions of the district in which this gentleman had for- 
merly commanded an extraordinary popular vote, and he was supposed 
to be much more favorably known in the new portions of the district 
than Judge Bullock. But the election showed the deep hold that an 
upright and independent judge has upon the public affection. Not- 
withstanding the popularity of his talented opponent, Judge Bullock 
was elected by a large majority. This election is one of the many 
gratifying evidences that prove that the people are capable of select- 
ing the proper characters for judicial stations. 

In the performance of his judicial functions. Judge Bullock knows no 
authority but duty to law and justice. He is singularly free from all 

4 



DISTINGUISHED AMERICAN LAWYERS. 

those elements that narrow, warp, and bias the mind, and he holds the 
scales of justice with as perfect an equipoise as is possible to any human 
being. He knows neither fear, flivor, nor affection, and can neither be 
cajoled nor denounced into doing judicial wrong. He is clear in his 
judgment, prompt in decisions, and firm and unwavering in the discharge 
of every duty. The dignity of the court is firmly and steadily main- 
tained, and throughout the district entrusted to bis care : order, based 
upon law, reigns supreme. The firm, independent, and conscientious 
discharge of duty has given him a strong hold upon the popular senti- 
ment ; and the fact that such discharge of judicial duty is the surest road 
to popular favor, is full of promise for the perpetuity of our free 
institutions. An unawed, unswerving judiciary, is the bulwark of 
freedom. 

In 1849, the Trustees of the University of Louisville elected Judge 
Bullock to the chair of" The Law of Real Property and the Practice of 
Law, including Pleading and Evidence," in the Law Department of 
the university. The preceding sketch of the characteristics of this dis- 
tinguished jurist has prepared the reader for the history of his career as 
a teacher. He is highly appreciated by his eminent colleagues in the 
school, and commands the respect and affection of his classes. He has 
greatly contributed to the success of this department of the university. 
Profoundly versed, as Judge Bullock is, in the science of law, with a 
mind singulai'ly clear and full, possessing great powers of elocution, 
perspicuous and direct in his teachings, with an enlarged and matured 
experience in the practice of law, he could not fail to be a most impres- 
:?ive and popular teacher. 

We have thus briefly sketched the character and career of the Hon. 
William F. Bullock, of Kentucky. We have known him from his 
youth upward, and feel no ordinary gratification in recording his 
proHjperous, useful, and animating history, hi all his various responsi- 
bilities, he has ever been true to the highest interests of humanity, to 
the strictest integrity and to the holiest dictates of justice. In his pub- 
lic and private life he has lived as Milton did — 

" Ever in the great taskmaster's eye." 



JOHN DENNIS PHELAN, 

USE UF THE JUDGES OF THE SUPREME COURT OF THE STATE OF ALABAMA. 

The subject of this Memoir was born in the town of New-Bruns- 
wick, in the state of New- Jersey, on the 23d March, 1809. 

His father was an Irishman, of good reading and intelligence ; a 
Queen's county man, of the old Milesian stock, as the name plainly in- 
dioatos, to any one acquainted with Irish historv. 

His mother is of English descent. Her parents were Boston 
people, of the name of Ford. 

About the close of the war, in the year 1815, John Phelan, sen.. 
then Cashier of the Bank of New-Brunswick, fell into pecuniary difti- 



JOHN DENNIS PHELAN, OF ALABAMA. 51 

culties, from unfortunate speculation in real estate, and left for Balti- 
more, where he remained with his family about a year. From this 
place he removed to Richmond, in Virginia, and, in conjunction with a 
Mr. Dillon, commenced a soap and candle manufactory ; a business to 
which, in early life, he had served a partial apprenticeship. This did 
not succeed : and after a trial of about eighteen months he and Dillon, 
taking with them a good set of candle-moulds, set out for Huntsville, 
in the northern part of what was then the Alabama Territory, and one 
of the remotest settlements of the West, at that time — 1817. Here 
they conducted, for several years, as partners, the business of grocers 
and chandlers, and for a while things went on prosperously. Mrs. 
Phelan, with her children, of whom John D. was the oldest, then a 
boy a little over nine years old, joined her husband at Huntsville, in 
the fall of 1818. 

From this date until the year 1824, John D. Avas occasionally at 
school ; but he was engaged during most of the time In attending to the 
grocery, and in making candles, which art was taught him by his father 
and Mr. Dillon. Some of his old playmates, about Huntsville, should 
they chance to see this, will remember how they used to help him some- 
times to " fill the moulds," or " draw the candles," to get him off 
duck-hunting or partridge-netting on a Saturday. " Old Capt. Phelan," 
as he was called about Huntsville, was too convivial in his nature to 
keep a grocery. The end was pecuniary ruin. All he had was seized 
and sold by the sheriff. His wife and daughter had to gain their sup- 
port by the needle, and John D. got to be a store-boy with Cox & 
Lewis, merchants of Huntsville, about the fall of 1824. 

Shortly after this time. Dr. Miles S. Watkins, of Huntsville, pi'o- 
posed to take him and educate him, which offer was gladly accepted. 
He was accordingly sent to Greene Academy, at Huntsville, then in 
charge of Mr. Mills, where he remained till about June, 1827, at which 
time he was sent to the University of Nashville, where he remained 
until October, 1828, when he graduated with honor. During his stay 
at Nashville he formed the personal acquaintance of Gen. Jackson, and 
attracted the favorable notice of that remarkable man, as was shown 
by subsequent events. Returning from Nashville, in the fall of 1828, 
he was next sent, by Dr. Watkins, to study law uiider the brother-in-law 
of Dr. W., Wm. Leigh, Esq., (now Judge Leigh,) of Halifax county, 
Virginia. Here he remained prosecuting assiduously the study of the 
law, until the fall of 1830, at which time he procured a license from 
the judges of the Court of Appeals,, of Virginia, and returned to 
Alabama. 

Upon his return to Alabama, although it was kindly tendered, he 
would not receive any further pecuniary assistance from his good friend, 
Dr. Watkins. Being in actual want of the means of subsistence, and 
seeing no pi-ospect in that quarter of gaining it by his profession, he 
applied for and obtained a situation as private teacher in the family of 
Dr. Alfred Moore, of Madison county, Alabama. It was in this family 
that he first fjrmed the acquaintance of the lady he afterwards married : 
Mary Ann Harris, a niece of Dr. Moore, and daughter of Gen. Thomas 
K. Harris, sometime member of Congress from Tennessee. This 
employment he found too exhausting for his delicate health and ardent 



DISTINGUISHED AMERICAN LAWYERS. 

temperament. Tlie destitute condition of his family was a source of 
continual distress of mind. To pay the rent of a small house, and to 
find food and raiment, with all the assistance he could afford them, was 
as much as they could do for several years. At the close of the year 
1831, dividing his income from teaching with his family, he set out for 
Memphis, in West Tennessee, with the intention of remaining there to 
practice his profession. It did not on examination please him as a loca- 
tion, and he determined to make a bold stroke and go to New-Orleans. 
He sold his horse, and with about 180 dollars in money in his pocket, 
he proceeded to New-Orleans. Here his hopes and expectations all 
failed him. An uncle he had in New-York, who had the ability to pro- 
mote him in business, from some caprice refused to answer his letters; 
some old acquaintance from up the country, who were established there 
in business, gave him the " cold shoulder ;" bis practice amounted to 
but a trifle, and his money soon gave out. Tliis was the darkest time 
with him. He has been heard to say, speaking of this time, " 1 had three 
ideas then to possess me. One was simply to give up to be a vagabond ; 
one was to forget my family and go to France ; the third, which galled 
me more than any other, was to beat back to Madison; and I believe 
the vagabond idea would have gained the day, but for thoughts of Molly 
Ann and my mother." After remaining in New-Orleans about four 
months, in the year 1832, he borrowed money to pay his way back, and 
returned to Huntsville. But law business there he found as dull as 
ever. And many a time did he grieve in secret that the partiality of 
friends had plunged him into a profession in which it was impossible for 
any sort of energy to lay forcibly hold of a living. The carpenter, the 
mason,, the farmer, can do this : but alas, for the young lawyer, he must 
sit in the office and eat his heart up with waiting. It is a terrible ordeal 
where waiting is energy. 

Not long after he returned to Huntsville, the editor of the Huntsville 
" Democrat,^'' a leading public journal of this state, died, and by the 
assistance of friends the situation was procured for young Phelan. In 
this new vocation he soon attracted public attention as a bold and 
vigorous political writer. His practice as a lawyer began now also to 
increase. He wrote for the Democrat about four years, during a period 
of great political interest : President Jackson's second term, and pend- 
ing the election of Mr. Van Buren. 

In the year 1833, he became a candidate for representative from the 
county of Madison : and after an animated struggle with very popular 
men, was elected one of five representatives, to which that county was 
then entitled. An anecdote in this connection will serve to illustrate a 
trait of his character. "The first gathering I went to" — he would say, 
when speaking of that canvass — " was at Cloudtown, and I found that all 
the old candidates were for ground talking, but did not care about 
making speeches. I knew that was my only chance. So I said 
modestly, to one or two about the grocery, where they were all drink- 
ing and going on, that if I could get the attention of thu people, I would 
like to speak. Nobody noticed me. Thinks I, this won't win. There 
was a big fellow named Bill Sartain, a great bully, that had the end of 
his noso Ijit ofl", who was then in the grocery half slewed, making a great 
fuss, and bantering any one to dance with him for a treat. I stepped 



JOHN DENNIS PHELAN, OF ALABAMA. 53 

in — says I, Sartain, I am a candidate here, as little as you may think of 
it, and I want to make a talk to these people ; now, if you'll engage 
that if I beat you by the judgment of this crowd at a jig, that you'll fix 
me a box at the door, and make them give me their attention while I 
speak to them ; I'll go in with you, and treat to boot. Good, says he ; 
spread out, men, and make room for me and the liitle squire. They 
made a good large circle, and several fell to patting '■ Reuben Reed, the 
cedar breed^ and Bill Sartain and I went at it. I don't know whether I did 
outdo him or not, although, as most of my friends understand, I am not 
bad at " double trouble" myself However, the crowd gave it in my 
favor, and after a big laugh and a treat. Bill Sartain was as good as his 
word. He got me a box, and I got an attentive hearing, and made a 
pretty good speech about the " Union," and " Nullification," and the 
" Monster," which were the themes of that day. In a word, 1 got a 
breeze in my sail by my jig with Bill Sartain that finally carried me 
safe into harbor." He was elected, but took sick in October, and had 
to resign his seat. The next year, 1834, he was a candidate again, and 
was again elected ; and in the session of the Alabama legislature of 
1834, was regarded on all sides as a leading member. Besides taking 
a full share in the political discussions of that session, which were 
animated, he introduced and supported in a speech prepared with great 
care and labor, a bill for the establishment of the penitentiary system 
in the state. The measure at that time failed by a few votes, but the 
system was subsequently adopted, and Mr. Phelan was at all times its 
active promoter. 

In the year following, 1835, he was married to Mary Ann Harris. 
He was this year again elected a member from Madison, for the third 
time. At the opening of this session he was put in nomination for the 
speakership, by the friends of Mr. Van Buren, against his colleague, 
James W. McClung, Esq., a gentleman of great popularity and talents, 
a relative and supporter of Judge White, who was elected over him by 
two votes. During the course of this session, Mr. P. introduced and 
supported in a speech, resolutions sustaining the course of President 
Jackson in the controversy with France about the indemnity. 

In the year 1836 he was not a candidate. His recent marriage, con- 
nected with the low state of his finances, made it improper in his 
judgtnent to prosecute further at this time any political aspirations. 
During this year he was invited by General Cass, Secretary at War, at 
the instance of the President, who w^as his personal fi lend, to be one of 
the visitors to West Point, 

At the session of 1836, he was elected by the legislature, Attorney- 
General of the state.* He then moved from Huntsville to Tuscaloosa, 
where he joined Harvey W. Ellis, Esq., a leading lawyer of that place, 
in the practice. After filling the office of Attorney-General for two 
years, he found that its labors conflicted so much with his civil practice, 
which w^as more lucrative, that he resigned the office. 



* He was offered in the course of this year, by the President, the appoint- 
ment of District Attorney of the United States for the northern district of 



Alabama, which he declined. 



54 DISTINGUISHED AMERICAN LAWYERS. 

At the session of 1838, the legislature adopted joint resolutions, 
submitting to the people of Alabama the question, whether they would 
have a convention of the state or not. The object of this was believed 
to be, mainly, to remove the seat of government from Tuscaloosa, and 
to get rid of the restrictions upon the creation of banks, contained in the 
present constitution. Mr. Phelan wrote and published a series of 
numbers, under the signature ofPublius, discussing at considerable length 
the questions involved, mainly those relating to banking. These 
numbers were so highly thought of by those opposed to the call of a 
convention, that they were published in a pamphlet form, and circulated 
extensively through the state, and are believed to have had no inconsi- 
derable effect in defeating the call for a convention at that time. In 
the following year, 1839, he was urgently solicited, by gentlemen of 
both parties, to become a candidate. He did so, and was elected by a 
large vote, although Tuscaloosa was a whig county, and he was a 
democrat, warmly advocating his principles throughout the canvass. 

At the session of 1839 he was elected Speaker of the House of 
Representatives without opposition. 

At this session there was an animated contest, on the subject of ex- 
tending relief to the debtors of the State Bank and branches. The 
speaker acted with that party which opposed all schemes of unreason- 
able indulgence, and a vast amount of public money was doubtless 
saved by the determined opposition of the minority of that session to 
wild schemes of relief. This was just after the pecuniary revulsion of 
1837. He foresaw, from the signs of the times, that things were 
coming to that crisis soon which would bring the "pledged faith and 
credit" of the state into great peril. It then began to be whispered, 
that the people could never stand to be taxed, to repay the millions 
which had been borrowed to bank upon, and then wasted and squan- 
dered by a few. Taking his farewell address to the house as the occa- 
sion, he drew the public attention to this subject. Now that the crisis has 
passed in Alabama, it deserves to be remembered, that John D. 
Phelan, in 1839, held this strong language. 

The next year, 1840, he was a candidate again, but only in com- 
pliance with the wishes of his political friends, who needed his services 
for the common cause. He took the field, and labored actively and 
earnestly in favor of the " Sub-Treasury," and against " Log Cabins 
and Hard Cider ;" but it was all in vain. He and his whole ticket 
were beaten by a majority of more than 200. 

In 1839, he was offered without solicitation, by Gov. Bagby, the ap- 
pointment of Chancellor of the Middle Division, which he declined. 
In 1841, a vacancy occurred in the Judgeship of the First Circuit ; 
this ho applied for, and obtained. It was conferred upon him by his 
friend Gov. A. P. Bagby. Want of robust health and the severe 
labors of the practice, chiefly led him to seik a seat upon the Bench. 
He removed shortly after his appointment to Marion, in the County of 
Perry, where he now resides. He was elected Circuit Judge by the legis- 
lature of 1841, without opposition, for six years. At the expiration of 
his term, he was re-elected for six years more. In 1849, the constitu- 
tion of the state was so changed, as to make the Circuit Judges elective 
by the people. He was a candidate for re-election, and was again 



HON. SAMUEL CHURCH, OF CONNECTICUT. 55 

elected over a very able and popular competitor. After having served 
the country acceptably as a Circuit Judge, by the judgment both of the 
bar and the people, for eleven years, he was, during the session of the 
legislature of 1851-2, elected a judge of the Supreme Court of 
Alabama. 

Judge Phelan is now in his 43d year. He is the father of eight 
children, now living ; five sons and three daughters. His pecuniary 
means, the fruit entirely of his professional labors, and a small 
property he received by his wife, is enough for competence and in- 
dependence. 

In person, he is about five feet ten inches in height, erect and slender. 
He wears usually a grave and thoughtful look, but has a strong relish 
for wit and humor, and was, when a younger man, rather remarkable 
for his convivial powers. To this day, when there are young people at 
his house, if the music can be had, he will have a dance, of which he is 
very fond ; especially the Old Virginia " scamper down" reel. He 
relishes besides a good song, and occasionally will sing one of the old 
style, such as " Tullochgorum^'' " My boy Tammy ^'' or " A marl's a 
man for a' that ;" and was greatly pleased when he learned that 
" Comin'' thro'' the rye^^'' as sung by Jenny Lind, had created more sen- 
sation than " Casta Diva.'^ 

We close this memoir by adding, that Judge P. is a communicant 
of the Episcopal Church ; and esteeming, as he does, the character of a 
true Christian gentleman superior to every other on earth, he endeavors 
(the writer thinks) to meet the demands of that high calling in all 
things. If any man will fill that character : 

" He holds a rank no king can give ; 
No station can disgrace." 



HON. SAMUEL CHURCH, 

CHIEF JUSTICE OF THE SUPREME COURT OF CONNECTICUT. 

The Hon. Samuel Church, the second son of Nathaniel Church, Esq., 
was born at Salisbury, Connecticut, on the 4th day of February, 1785. 
He is a lineal descendant of Richard Church, who was a relative of 
Colonel Church, so well known in the history of the French and Indian 
wars. 

Judge Church graduated at Yale College, in 1803, at the early age 
of eighteen, and soon after commenced the study of law at the Litchfield 
Law School, then conducted by Judge Reeve and James Gould, Esq., 
and was admitted to the bar in September, 1806. 

The subject of this sketch had neither fortune nor patronage, and was 
compelled to commence the practice of law in his native town, and 
build up a reputation for himself under circumstances little flattering to 
the hopes of a young aspirant for distinction, in a profession at all 
times arduous, and, at the period to which we allude, distinguished by 
some of the most eminent men who have ever lived in New England : 
a period when the^court-room at Litchfield was graced with the presence 
of such men as Roger Meriot Sherman, David Daggett, James 



56 DISTINGUISHED AMERICAN LAWYERS. 

Gould, John Allen, and a host of others, who have left their impress 
upon the history of their native state. 

Trials before justices of the peace were then more frequent, and of 
more importance to the young lawyer than now, and presented during 
the earlier part of his practice almost the only field on which he could 
find an opportunity to prepare himself for the more elevated sphere of 
a practitioner in the higher courts. 

These inferior courts were not at this period always conducted with 
the decorum observed in courts of a higher jurisdiction, and often led 
the young lawyer into uncourteous habits of discussion and professional 
deportment, which, in too many instances, followed him through life. 

This species of practice also tended, of course, to loose habits of 
thinking, and consequently to a careless use of language. 

It has left, however, no such traces upon the mind of the accom- 
plished jurist whose name stands at the head of this article. 

At this early period of his life he prepared and tried every cause, 
however trifling the amount of pecuniary interest involved, investiga- 
ting the focts and the principles of law applicable to them, with the 
same assiduity which he subsequently bestowed upon the most im- 
portant cases in the higher courts. 

Though residing many miles from Litchfield, where the courts of higher 
jurisdiction were held, he was a constant attendant upon the sessions; 
and, whether engaged as counsel or not, observed the progress of every 
case, and took careful notes of all the points discussed by counsel, with 
all the rulings of the court, whether interlocutory or final : a practice to 
which he was much indebted during the later period of his professional 
career. 

His first introduction into political life was as a member of the con- 
vention, in 1818, by which the present constitution of Connecticut was 
framed, and for which he was an eloquent advocate, both in the con- 
vention and before the people to whom it was submitted prior to its 
adoption. 

He was seven or eight times a member either of the Senate or 
House of Representatives of Connecticut, at a period when the power 
of appointment of almost all the public officers of the state was by the 
constitution lodged with the general assembly. 

While in a minority as a member of the republican party in the 
state, he always claimed for the members of that party a fair apportion- 
ment of the public offices ; although it cannot be denied that the ma^ 
jority, in those times of high political excitement, did not exercise a 
large measure of liberality towards their opponents. 

In asserting this principle, Judge Church has always observed a uni- 
form course, insisting upon a fair distribution of public patronage, as 
well when his own party was dominant as when it was in the mi- 
nority. 

While in the legislature he never gave his vote to dismiss or 
exclude a well qualified political opponent from any oflicc within the gift 
of the General Assembly, but often voted to retain or appoint those 
whose political views were adverse to his own. 

The subject of this notice seems to have had from early life an un- 
ox)nquerable distaste for political preferment, dividing his time between 



HON. SAMUEL CHURCH, OF CONNECTICUT. 57 



the arduous pursuits of his profession, and the charms of the society- 
circle, to which nature and inclination have so peculiarly adapted him. 
Although more than once nominated by his political friends to represent 
the district in which he lives, as a representative in the Congress of the 
United States, he has always peremptorily declined. 

For ten or eleven years, he was Judge of Probate for the dis- 
trict of Sharon, and during the same period, Attorney for the State for 
the county of Litchfield, both which places he held undisturbed by- 
party influences, until he resigned them, upon being appointed a judge 
of the Superior Court. 

In 1830, he was associated with the late Judge Bristol, in revising 
and reportinii a new criminal code for the state. Their report, with 
few unimportant modifications, was adopted by the General Assembly, 
and still remains the basis of the criminal jurisprudence of Con- 
necticut. 

Judge Church has never favored the popular notion of a codification 
of the entire laws of the state, but has always deemed it better to in- 
troduce improvements into the laws gradually, and only as they seemed 
to be indicated by necessity or convenience ; and he has from time to 
time suggested such changes, and procured their adoption by the legis- 
lature. Among those changes which may be traced to his hand, are to 
be mentioned our excellent statute of set-off — the law increasing the 
jurisdiction of Justices of the Peace — and the statute to prevent vex- 
atious and unnecessary costs. (See Revised Statutes, sec. 153, page 89; 
also sec. 150, page 88.) 

He also advocated, within certain limits, the statute permitting per- 
sons interested in the event of a suit to testify ; but has always been 
opposed to extending the privilege indisci'iminately to parties in 
court, and regards this innovation upon the English rule, as a great de- 
fect in our law of evidence. (See Revised Statutes, sections 82, 83 & 
84, pages 72 & 73.) 

He has also advocated the recent statute, giving the right, in civil 
actions, to either party peremptorily to challenge two jurors. (See 
Preface to the Revised Statutes, page 4.) 

In May, 1832, upon the retirement of Chief Justice Hosmer, he was 
appointed one of the judges of the Superior Court. This was an ap- 
pointment not only unsolicited, but not even anticipated, by himself; 
and came from a legislature upon whose political sympathies he had 
no claim. 

In May, 1847, he was appointed Chief Judge of the Supreme Court 
of Errors of the state, by a vote almost unanimous. 

As a lawyer, he was indefatigable in the preparation of a cause, 
and on the trial was remarkably astute and ready in the examination of 
witnesses. His mind was always available, and could turn itself with 
admirable tact to meet sudden and unexpected emergencies. 

His powers as an advocate were of no ordinary character. The 
lively play of his wit, the strength of his conceptions, and a happy 
method peculiar to himself, of combining and presenting his thoughts 
to a jury, in a style at once chaste and intelligible to the plainest under- 
standing, — and above all, a fervid earnest manner, — made him, on all 
occasions, a formidable opponent. 



58 DISTINGUISHED AMERICAN LAWYERS. 

But as a judge, his character and talents shine with peculiar lustre. His 
courtcousness, his kindness to the younger members of the bar, his 
readiness in possessing himself at a glance of the strong points in cases 
intricate and difficult to be grasped at by ordinary minds, his freedom 
from prejudice and his undisguised abhorrence of fraud, have secured 
for him, at the same time, the affection and the reverence of the legal 
profession throughout the state. 

His written opinions, which make up so large a proportion of the judi- 
cial decisions of Connecticut, will constitute a monument to his 
memory, chaste, simple, yet enduring as the institutions with which 
tiiey are incorporated. 

There is at the same time a terseness and a scholar-like finish to these 
opinions, which it is believed is rarely equaled in the American books 
of Reports. 

Such is the brief outline of the life and characteristics of a man who has 
always loved the shades of retirement, and who has come before the public 
eye only in obedience to the call of his fellow citizens ; who has spent his 
best days in perfecting the laws of his native state, and softening their 
more rigorous features, without taking away anything from their 
authority. 

That his life may be long protracted, and cloudless to the last, is the 
wish of the large circle of friends and acquaintances who have known 
him only to esteem and honor him. 



GENERAL JAMES R. LAWRENCE, 

OF SYRACUSE, NEW-YORK. 

It is a proud distinction of our republican institutions, that to every 
class of citizens they furnish incitements for the exercise of talents, con- 
ferred, upon them as the boon of Providence. While the prize of ex- 
cellence eludes the grasp of the indolent and the unambitious, it is 
reached by the truly laborious and enterprising aspirant. Resolute 
and appropriate effort seldom fails both to redeem from the gloom of 
obscurity, and to perpetuate the advantages of an honorable position. 
This is true, as relates to professional life. No appliances of over- 
grown wealth, nor the prestige of ancestral renown ; neither gigantic 
powers of intellect, nor marked superiority of early education, can be 
deemed indispensable to professional eminence. It is oftener attained by 
means of an indomitable energy, coupled with perseverance, before 
which obstacles to advancement flee away. Quisque suce fortunoe 
faber. It encourages and refreshes; it stimulates the mind to deeds 
of nobleness, to contemplate examples of those who have so fought 
life's battles as to encircle their brows with the wreath of victory. 
The annals of jurisprudence present the names of individuals, the story 
of whose distinction and fame is, for the greater part, but the daily 
record of progress as the result of a manly resolution to excel, prompt- 



GENERAL JAMES R. LAWRENCE, OF NEW-YORK. 59 

ing to a vigorous and untiring discharge of professional duty, and se- 
curing the meed of general approval. 

James Bobbins Lawrence was born at Norfolk, Litchfield county, in 
the state of Connecticut. He was a grandson of the Rev. Ammi 
Richamah Robbins, for more than half a century the pastor of the Con- 
gregational church in that town. When but five years of age, he, with 
his father. Grove Lawrence, Esq., removed from Norfolk to Oneida 
county, in the state of New- York. His early education was received 
at "Hamilton Oneida Academy," an institution then rather celebrated 
for imparting sound and thorough instruction, especially in the depart- 
ment of classical literature ; and, soon after his leaving it, incorporated 
under the name and style of " Hamilton College." Of this college he 
has for a series of years been a trustee towards it, as perpetuating his 
Alma Mater^ entertaining feelings of filial attachment and interest. 
To Union College he is indebted for the honorary degree of A. M. 
He began the study of the law under Medad Curtis, Esq., at Onondaga 
Hill. The work of preparation he diligently plied ; and, soon after 
reaching his majority, was admitted to the bar. Establishing himself 
at Camillus, in the county of Onondaga, he there commenced his legal 
practice. His talents and attainments caused him to be early known 
and respected in the walks of his profession. In other spheres also, his 
way was rapid to confidence and favor. In 1825, he was chosen to re- 
present the people of his county in the New- York Legislature. Of the 
assembly for that year, though the youngest, he was an efficient and 
useful member, He then and there showed traits for which, in after 
periods, he became yet more sti'ikingly distinguished ; and at the close 
of the session, returned to his constituents and his home, with a repu- 
tation enhanced by a diligent and successful discharge of legislative 
duty. 

Under the old regime, Mr. Lawrence held the military rank of Bri- 
gadier General of Cavalry, the brigade e.xtending over several of the 
interior counties of the state. Though ever attentive to the calls of his 
profession, the talents of General Lawrence have been often placed in 
requisition by political changes and fluctuations. The electors of his 
county, in 1838, and in the two years succeeding, returned him to the 
state legislature. During those years he was chairman of the judi- 
ciary and other important committees, and uniformly maintained a 
prominent position. Among the galaxy of distinguished Whigs, asso- 
ciated with him on the floor of the assembly — without disparaging or 
withholding from others the just meed of praise — he was ranked as 
jyrimus inter jMres. None were more ready or effective in debate ; 
none more abounded in enlarged and patriotic views ; none were more 
attentive than he to various details of legislative obligation. Concern- 
ing him. Judge Hammond remarks, in his " Political History of New- 
York :" " He (General L.) was one of the most candid, upright and 
useful members of the house." 

On the adoption of the new Constitution of the State of New-York, 
and the consequent reorganization of the judiciary. General Lawrence 
was elected (county) judge of Onondaga county. The duties of this 
office he discharged with much ability and acceptance, until the period 
of his resignation, in 1849. At this present time (1852) he holds the 



60 DISTINGUISHED AMERICAN LAWYERS. 

office of United States Attorney for the Northern District of the State 
of New- York, to which he was appointed by President Taylor. 

Judge Lawrence is in person somewhat above the medium height; 
rather verging to corpulence, but animated and energetic in all his move- 
ments. His countenance bespeaks intelligence, candor and decision, 
blended wnth kindness and amiability, that unless overruled by the in- 
fluence of other qualities, or the stern demands of official duty, would 
lead him to shrink from all actions, tending either to wound the feel- 
ings or mar the enjoyments of others. He has a genial and happy 
temperament, that acts like sunshine upon those around him. He is a 
firm believer in the Christian religion, and a communicant in the Pres- 
byterian Church. Although now somewhat advanced in years, his 
mental faculties are yet in full strength, and his personal appearance 
that of one not much beyond the prime of life. His is truly a " green 
old age," that gives flattering promise of usefulness and vigor for years 
yet to come. Ready in address, affable in manners, to all courteous 
and accessible, rich in practical intelligence and in common sense 
views, respecting matters that concern the public weal ; withal, possess- 
ing much of really benevolent and patriotic feeling — it is, perhaps, not 
surprising that he has frequently been elected to offices within the gift 
of the people, in a county that has usually given a large majority against 
the political party to which he belongs — a fact that gives proof of his 
popularity, and the esteem in which he is held by those among whom 
he lives. 

In his professional sphere, especially before a jury, General Lawrence 
has been eminently successful and distinguished. As an advocate, he 
is remarkable for his quick perception of errors and weaknesses on the 
part of his opponents, and their cause ; and for his readiness and skill 
in turning them to account: also, for maintaining an imperturbable 
calmness and self-possession — unruffled by the floutings of opposing 
counsel, the equivocations or simulated stolidity of witnesses, or any 
sudden and unexpected turn his cause may take during its progress ; 
and for the ease, grateful courtesy and deference of his address to those 
whom he aims to influence. 

As a speaker on political and other topics, before popular assemblies. 
General Lawrence holds an elevated rank. He displays great tact 
in adapting himself to persons, places and occasions. Easily seizing 
upon the points of his subject most likely to interest and move those 
whom he addresses, and holding these up before them with distinctness 
and energy, he is able to coil himself around the popular sympathies, 
and to reach and sway the popular will. This was exhibited in the 
most marked manner during the political campaign that preceded 
General Harrison's election to the Presidency. 



HON. WILLIAM W. ELLSWORTH, OF CONNECTICUT. 61 

HON. WILLIAM W. ELLSWORTH, 

JUSTICE OF THE SUPREME COURT OF CONNECTICUT. 



William Wolcott Ellsworth, ll.d. is the third son of Oliver 
Ellsworth, second Chief Justice of the United States. He was born on 
the 10th of November, 1791, at Windsor, Connecticut, where he re- 
ceived his early education. In 1806, he entered Yale College, and 
graduated in 1810. Having made choice of the profession of law, he 
pursued his legal studies, first at the celebrated Litchfield Law School, 
then under the direction of Judges Reeve and Gould ; and afterwards 
at Hartford, with his brother-in-law. Chief Justice Williams. 

Mr. Ellsworth was admitted to the bar in 1813. In the same year 
he married Emily, eldest daughter of Noah Webster, LL.D., and 
established himself in the practice of his profession in Hartford. 
Drawn towards the study of law, as well by natural taste and talent, 
as by hereditary predilection, he embarked in his professional career 
with high aim and resolute purpose. He was most assiduous in the 
study of the great legal authorities, and early adopted ^ plan which he 
found of great service to himself, and which might be safely recom- 
mended to the younger members of the profession. This was to pro- 
cure interleaved copies of the elementary writers on law, and record on 
the blank leaves, and under their appropriate heads, each new decision 
of the English or American courts. This enabled him at all times to 
know at once the state of the law on every point which might arise. 

Mr. Ellsworth was not yet twenty-two years of age when he entered 
upon his profession. His time at first would naturally be given to 
study. He would of course attend to all the business which came in his 
way. And the more diligent and capable a young man shows himself, 
the more business will flow to his hands, and the more rapidly will he 
rise. But in Connecticut, thus far, every young lawyer has found, on 
entering his profession, that all the important business of the courts 
was engrossed by a few leading advocates of age, experience, and high 
capacity. The aspirant must therefore wait, no matter what his talents 
and acquirements may be, for the oligarchs of the law to relax their 
hold on the great causes, and let them pass down to hands still reso- 
lute with the vigor of youth. Thus has success at the bar usually been 
almost as slow as promotion in the army. This state of things pre- 
sents a striking contrast to what we see in the new and unformed so- 
ciety of the western states, where a young lawyer of talent and elo- 
quence will speedily outstrip or displace his seniors, although he finds 
them in full possession of the courts. 

A single fact may show that Mr. Ellsworth's success, amid all these 
obstacles to the progress of a young man, was neither slow nor uncer- 
tain. For when, in 1817, Judge Williams, the leading lawyer at the 
Hartford bar, was chosen to represent his district in Congress, he entered 
into partnership with his former pupil and friend, and entrusted to his 
management his own extensive business. Judge Williams remained 
two years in the House of Representatives, and the partnership con- 
tinued some time after his return to the practice of his profession. 



62 DISTINGUISHED AMERICAN LAWYERS. 

Mr. Ellsworth had by this time become widely known as an able and 
accomplished lawyer. Ilis business began rapidly to increase ; and he 
took a lirra position in the front rank of his profession. His practice 
was not confined to Hartford, but extended into all the neighboring 
counties. To Litchfield, in particular, he was always partial as the 
scene of early legal studies ; and he was seldom absent from its courts. 
Thus, for sixteen years, his ardent devotion to the manifold and highly 
responsible engagements, arising out of a widely-extended legal prac- 
tice, knew no intermission. 

In 1829, however, Mr. Ellsworth was elected by his fellow-citizens 
to represent them in the twenty-first Congress of the United State^. Of 
this body he continued a member for five successive years. During all 
this period, Mr; Ellsworth was a member of the Judiciary Committee, 
and in this capacity he took an active part in preparing and reporting 
measures adapted to carry into effect General Jackson's famous procla- 
mation against the attitude then assumed by South Carolina. On the 
committee of seven appointed by the House of Representatives to re- 
pair to Philadelphia and investigate the condition of the United States 
bank, Mr. Ells\w)rth and the Hon. Mr. Everett were the only Whigs. 
This investigation excited great attention at the time, and its history and 
results are well known. 

Mr. Ellsworth's principal speeches, while in Congress, were on the 
Tariff, the Judiciary, the Pension Laws, and the removal of the Chero- 
kee Indians. He, however, spoke on other occasions, and took an active 
part, both in committee and on the floor of the House, in carrying into 
effect other important measures. 

There is, perhaps, no man to whom the authors of our country are 
under greater obligations : for it was Mr. Ellsworth who prepared 
and reported from the Judiciary Committee the present Law of Copy- 
right. Applications having been made to Congress for some alteration 
of the old law, the whole subject was referred to the Judiciary Commit- 
tee. This couinuttee, at the head of which stood the Hon. James 
Buchanan, authorized Mr. Ellsworth to prepare the best modification of 
the existing law on this subject which could be carried through Congress. 

To enable him successfully to recommend a measure which he be- 
lieved to be of great importance to the country, Mr. Ellsworth took the 
utmost pains to possess himself of all the facts bearing on this subject. 
He carefully examined the statutes and laws of the different states of 
Europe on the question of literary property. And having matured the 
best information which he could derive from all sources, he prepared, 
and with the leave of the committee, reported the present bill. 

The distinguishing feature of the new bill was the large extension of 
the time of the copyright, for which it provided. By the old law, a 
period of fourteen years only was allowed, with a right of renewing for 
a further term of fourteen years, in case the author were alive at the 
cxpiiation of the first fourteen years. By the new law, the copyright is 
secured, at first, for twenty-ciyht years, absolutely ; and then, the author, 
if he be living, or, in case of his decease, his widow and children, 
or in case of the decease of his widow, his children alone, may 
renew for fourteen years more, making thus the whole period over 
which the copyright may now extend, forty-two years. This bill there- 



HON. WILLIAM W. ELLSWORTH, OF CONNECTICUT, 63 

fore confers an incalculable boon on literary men. And it was his deep 
conviction of the justice of their claims to the natural fruits of their 
labor, not less than his desire to promote the public interests of litera- 
ture, which prompted Mr. Ellsworth to spare no pains, in the House of 
Representatives and out of it, to secure this enlarged term of copyright 
to themselves and to their families ; and the bill became a law chiefly 
by his efforts and influence. 

Mr. Ellsworth was a decided friend of a moderate protective policy. 
He believed the protection of the industry of this country, against the 
cheap labor and cheap capital of Europe, to be both constitutional and 
wise. He believed, also, that such a policy would, by creating 
a home market for our agricultural products, prove eminently conducive 
to the prosperity of the country. In politics, he has ever been a firm 
and consistent Whig, resolute and immovable in maintaining his politi- 
cal views, in Congress and in the councils of his own state, and on all 
occasions where called either to speak or to act, enjoying at the same 
time the confidence of his political friends, and the respect of his op- 
ponents. 

Mr. Ellsworth, much to the regret of his constituents, resigned his 
seat in the National Legislature in 1834, at the close of the first ses- 
sion of the twenty-third Congress. He was anxious to resume and 
pursue without interruption, the profession to which he had for so many 
years devoted all his energies and talents. He soon recovered his 
business — a thing not very common with those who interrupt it for so 
long a period by political cares and duties — and again stood amongst the 
foremost members of the Connecticut bar. 

Mr. Ellsworth, in 1838, much against his own wishes and feelings, 
consented to be nominated by his political friends as a caiididate for 
Governor, and he was elected by a large majority of the people. This 
office he continued to hold for four successive years, being always 
elected by the people. At the first session of the legislature, after his 
election to the gubernatorial chair of his native state, that body being 
strongly Whig, he was, by his party, not only offered a seat, then 
vacant, in the Senate of the United States, but strongly urged not to 
decline it. Had he yielded to the wishes of his friends, he would pro- 
bably have received every Whig vote, when far less would have secured 
his election. But he declined, as he did on a like occasion three years 
later, to take this distinguished appointment, having resolved not to 
suffer himself again to be withdrawn from his life-pursuit, the study 
and practice of law. He remained therefore at the bar until 1847, 
when, by a vote of the legislature of Connecticut, he was chosen a 
Judge of the Superior Court and Suprftiie Court of Errors. To the 
duties of this high office he immediately devoted himself with the 
same ardor, and the same inflexible purpose, which have characterized 
every portion of his former professional and public life. And this 
position, so congenial to all his previous tastes and habits, and to the 
leading qualities of his mind, Mr. Ellsworth continues to occupy in a 
manner alike honorable to himself and beneficial to the public interests 
of order and justice. 

The professional character of Mr. Ellsworth presents itself in two 
points of view — as a practising Lawyer, and as a Judge. 



64 DISTINGUISHED AMERICAN LAWYERS. 

A spectator who witnesses an interesting trial in a court of justice, 
while gratified by the intellectual exhibition there presented, can hardly 
realize the training by which the gladiators in the legal arena have ac- 
quired their strength and skill. Legal knowledge, ready to be used at 
a moment's warning, selfpossession, experience of human nature — 
all the energies of a well-stored and self-poised mind, are called into 
constant requisition in every important trial. These qualifications Mr. 
Ellsworth in an eminent degree combined. He had, besides, the ad- 
vantage of entering upon his profession with a finished academical and 
legal education. By severe study he had mastered the science of law, 
till his mind played with its subtlest distinctions — but he never neg- 
lected close and untiring preparation for each particular cause. Those 
who knew his mode of transacting business, remarked the careful man- 
ner in which his jury-trials were prepared. Many of these were, of 
course, long, intricate, and involved with many embarrassments. Such 
cases demand the most minute preparation, and it has often been ob- 
served that Mr. Ellsworth was remarkable for anticipating difficulties, 
and making provision for contingencies likely to arise in the course of 
a trial, which were unforeseen by others. None but the practising 
lawyer can fully understand the value of this peculiar talent. Every 
important trial is full of surprises, where the light-minded, superficial 
and timid advocate is often overcome, and a good cause irrevocably 
lost by one fatal mis-step. 

In his addresses to the jury, as an advocate, Mr. Ellsworth had few 
equals and no superiors among his cotemporaries. His language was 
fluent, copious, and select — his manner and attitude peculiarly graceful 
and dignified — his voice flexible, sonorous, and entirely under his con- 
trol. With logical clearness he presented his strong points to the 
minds of the jury, and urged them upon their consideration with that 
persuasive eloquence which it is difficult to resist. 

The defence of innocence — the assertion of right — the exposure and 
punishment of fraud — and the redress of wrong — these were the occa- 
sions wliich roused to the utmost the energies of his mind, and fur- 
nished full scope for the exhibition of his uncommon power as an advo- 
cate. At such times, when the full exertion of his strength was de- 
manded, his eloquence rose with the occasion in power and energy, and 
bore along with its irresistible torrent the convictions of his hearers. 

In addressing a jury, his aim seemed to be, first of all, to gain their 
entire and willing confidence, by evincing his sincerity throughout the 
whole course of the trial. He would convince them that he was honest 
as a man ; and that he was honest as a lawyer in advocating the in- 
terests of his client. Thus h%the more easily carried the jury along 
witli him to the desired conclusion. They were made to feel that he 
was really endeavoring to aid and facilitate their cftbrts to find the true 
state of the case ; and were thus disarmed of the suspicion too often 
well-founded, that the advocate is practicing the subtilty of his art 
only to conceal and distort the truth. In this course, Mr. Ellsworth is 
worthy of all praise, and of all imitation. 

hi the form and texture of his address, Mr. Ellsworth was brief, com- 
prehensive and strong : seizing upon the main points of his case and 



HON. WILLIAM W. ELLSWORTH, OF CONNECTICUT. 65 

wasting no strength on the unimportant or inconsiderable ones. By 
precept as well as by example he disapproved of the interminable and 
undigested arguments now so common at the bar; obstructing, as they 
do, the general administration of justice, and wearying out the patience 
of judges and jurors ; and finally, not unfrequently ruining the cause 
itself which is thus advocated. 

Fully recognising the principle that his profession could only be used 
for moral purposes, Mr. Ellsworth was always anxious to prevent liti- 
gation where the ends of justice could be gained without this resort. 
With this view he was in the habit of advising his clients to settle their 
disputes by conciliation and by mutual agreement. And he was often 
successful in bringing about the results which he desired. In many 
cases, however, the cause of his client would be so palpably just as to 
leave no room for delay in embracing its advocacy ; in others, there 
was such a complication of facts 'and circumstances, as well as of pre- 
cedents, that the trial alone could determine which party was in the 
right; and in yet other cases, more doubtful, the client was still enti- 
tled to an impartial application of the law to the facts which might be 
established by an open hearing of both sides. It was, however, Mr. 
Ellsworth's constant wish and effort to bring about the settlement of 
cases, where this was possible, without their proceeding to the expense 
and other evils of a public trial. 

Since writing the above, the following well-deserved tribute to the 
ability of Judge Ellsworth has fallen in our way. It is the language 
of one* who, himself high on the roll of fame, has an eye to see, and 
a heart to appreciate, the merit of his distinguished contemporaries : 

" Since I had the honor to attempt to maintain this construction of 
the petitioners' charter, the question has been presented directly to a 
learned judge in Connecticut, who, after an able debate of the bar, has, 
upon great consideration, determined it to be the true construction. 
The opinion of Mr. Ellsworth is before you ; of its general ability, 
its powerful reasoning, and clear and forcible expression, I need say 
nothing. They speak for themselves. What is there to impair its 
authority ? Does any whisper of disrespect assail that jiadge 1 — a man \ 
whom Connecticut delights to honor; in honoring whom she more 
honoi's herself; of hereditary capacity, purity, learning, and love of the 
law ; once her chief magistrate ; long her repi'esentative in Congress, 
and conspicuous there for ability and fidelity. If the land of the Sher- 
mans, and Griswolds, and Daggets, and Williamses, rich as she is in 
learning and virtue, has a sounder lawyer, a more upright magistrate, 
or an honester man, in her public service, I know not his name." 

As a judge, the subject of this sketch at once took a high rank. He 
brought from the bar an entire familiarity with the law, which it now 
became his duty to administer officially, and his promptness and accu- 
racy have resulted in a dispatch of business for which the courts of 
Connecticut have not always in past years been remarkable. His 
charges have the peculiar excellence of presenting the facts of the case 



* The Hon. Rufua Choate, in a speech before a committee of the Massachusetts 
Legislature. 

5 



66 DISTINGUISHED AMERICAN LAWYERS. 

in question, as detailed in the testimony, with uncommon clearness to> 
the minds of the jury. It is not his habit to recapitulate the evidence 
after the full comments of counsel, though this he is sometimes con- 
strained to do. But, contenting himself with what has been said at 
the bar, he, in most cases, states and explains the principles which are 
to govern the jury in their deliberations, and marks out the course of 
their inquiries. And in nothing is his success more conspicuous than 
in the fecility with which he disentangles and simplifies a confused or 
complicated case. He has often been known in such instances to clear 
the cause of every difficulty, by presenting to the jury a single fact, 
which, although encumbered with much rubbish, centered in itself the 
whole merit of the case, and which, when once apprehended, terminated 
the controversy for ever — thus showing alike his strong common sense, 
and his practical wisdom in jury trials. 

In the Court of Errors, the judicial qualities of his mind find their 
appropriate sphere. And what was said elsewhere of his distinguished 
father may truly be said of him : — "His habits of patient and impar- 
tial investigation — his sound and accurate judgment, and his quick per- 
ception, all conspired to render him every way worthy of the station 
which he filled." 

It only now remains for us to delineate Mr. Ellsworth's character as 
a man. Few men have been more strongly marked by hereditary 
qualities, mental and moral. The late Chief Justice Ellsworth was re- 
markable for the simplicity of his tastes and habits. And, although 
he associated all his life with great men, in an age of great men, and 
though he mingled much in the best society of that brilliant period of 
our history, his manners were as simple as his tastes. In these re- 
spects, as in others, the subject of this sketch resembles his illustrious 
father in an eminent degree. In manners he is characterized by digni- 
fied simplicity ; in conversation, by earnestness and truthfulness ; and 
in all his intercourse and business with men, by integrity. In his re- 
verence for sincerity and truth, he has ever despised those arts by 
which ambitious men court the populace, or conciliate the individual. 
In all the walks of life, public as well as private, he has been content 
to appear what he is, and to be estimated simply for his worth. And 
if honors have flowed in upon him, they have been the unbought hom- 
age which the human heart still pays to virtue and talent exerted in the 
public service. Imbued from childhood with a deep reverence for 
goodness and truth in others, it is but natural that these qualities 
should be conspicuous in himself. And his character might be sum- 
med up in these two words, integrity and earnestness — integrity, or a 
])erfect harmony between the^outward and inward life, pervaded and 
qiiickened by moral earnestness. With a character thus informed and 
moulded, it is not to be wondered, that, in the course of a long profes- 
sional and public life, no act can be pointed at, which sullies the honored 
name he bears. 

This sketch would be incomplete, and lack its highest significance, if 
it did not tell those who may read it, that Mr. Ellsworth is eminently 
a religious man. He was carefully educated in the religious principles 
which distinguished the first settlers of New-England, and in early 
manhood, he made a public profession of his fiiith in Christ. Through 



HON. WILLIAM W, ELLSWORTH, OF CONNECTICUT. 67 

all his subsequent life, he has stood before angels and men a witness to 
the truth and the joys of religion* His convictions of the truth of 
Christianity, and of its adaptation to the moral necessities of man, 
have grown with his growth, and strengthened with his strength. For 
many years it has been his daily habit to read and ponder the Oracles 
of Truth ; and theological reading has long had for him a peculiar 
charm, and engrossed more and more of that time which he could res- 
cue from the demands of official duty. And of theological writers, 
the most solid and earnest have ever been his favorites. Among the 
special topics in theology, aside from the great cardinal doctrine of the 
Atonement by the God-man, and faith in his atoning blood, he has 
ever delighted to dwell on the Moral Government of God.* 

As a member and an officer, he has long taken an active part in tho 
aftairs of the congregation with which he is connected. After he had 
risen to occupy a distinguished political position, he did not think it be- 
neath him to instruct a class in the Sunday School ; and even when 
governor of the state, he strove to advance the cause of religion by 
delivering a course of lectures to young men on the Evidences of 
Christianity. Examples like this show that an open and decided avowal 
and practice of the Christian religion, is not necessarily incompatible 
with the cares of official station and extensive business; although 
they are too often unhappily disjoined by those who have not learned 
how in all responsible and difficult situations faith lightens the heart 
and strengthens the hands. 

It not unfrequently happens that men who are much in public life, 
become, in a measure, weaned from home. Such has not, however, 
been the case with the subject of this sketch. Through life an ardent 
attachment to his home, reluctance to leave it, and joy in returning 
to it, has been a striking trait in his character. And, keen as has been 
his relish for professional business and public duty, he has always 
seemed to us to be happiest in the bosom of his family — within that 
sacred circle where he was most revered and loved, because best known. 

We most fully sympathise with that wisdom which Solon is represent- 
ed as having addressed to the rich monarch of Lydia, against regarding 
any man as completely fortunate until death has removed his life from 
the sphere of contingencies. We would not cast a glance into the 
future, even if it were permitted. But the past we may survey with 
grateful admiration. Looking then, in this spirit, back over the life of 
which we have given this slight sketch, we find it more rich in the ele- 
ments of usefulness and happiness than that of most men. It is a life 
of early advantages, of careful training in religious and secular knowl- 
edge, of unfailing health, of sufficient wealth, of unsullied fame, of uni- 
form success in high and honorable aimS, of warm affection, receiving 
and imparting happiness in the family circle, and, above all, of earnest 
preparation for that blessed existence in a future world which faith reveals 
to hope. 



• # As a man is known by the books he reads, not less than by the company he 
keeps, we may mention under this head the works of Leighton.Wilberforce, Baxter, 
Robert Hall, and Dr. Chalmers. Hence, Butler's Analogy of Natural and Revealed 
Religion has long been a favorite study : and, on the same grounds, the recent very 
able work of McCosh on the Divine Government, has been warmly welcomed. 



68 DISTINGUISHED AMERICAN LAWYERS. 

AMASA JUNIUS PARKER, LL.D., 

JUSTICE OF THE SUPREME COURT OF NEW-YORK. 



It is both interesting and instructive to read the biographies of those 
who have, by their own energies, achieved success in this world ; ap- 
pealing, as they do, to the hopes and aspirations of the human heart, 
and teaching the way and manner through which that success has been 
secured. How many, struggling along an adverse path, have been 
roused and cheered to new efforts by the examples set before them in 
such lives, and who have themselves attained eminence in learning how 
it has been attained before them ! The incidents may be few or 
crowded, vivid or otherwise ; still, if they record the triumph of talent 
and virtue, they are of great value, and should be sought after and 
studied. 

Few memoirs will, we apprehend, afford more interest and instruc- 
tion, than that of the eminent jurist whose name heads this article. 

Although the state of New- York claims him with pride, as her 
citizen, he was born in Connecticut, at Sharon, in the parish of Ells- 
worth, and county of Litchfield. The region of his birth-place is se- 
cluded from the busy world, a spot of sterile hill-sides and stony valleys,, 
but nourishing a race of men, trained in habits of industry, and full of 
the energy and perseverance which never fail to make way through the 
difficulties of life. Many are the distinguished men which Litchfield 
county has produced ; men who have trod the path to eminence with a 
firm step and courageous heart. 

The ancestors of Judge Parker were of the old Puritan blood of New- 
England, and residents in the western part of Connecticut for successive 
generations. Amasa Parker, and Thomas Fenn, his paternal and ma- 
ternal grandfathers, were soldiers of the Revolution, and widely re- 
spected for the sterling virtues of their character ; the latter filling 
various offices of public trust. He was for thirty -eight successive ses- 
sions a member of the state legislature. Both were residents, through- 
out their lives, of the county of Litchfield, in the above state. 

The subject of our memoir was the eldest son of the Rev. Daniel 
Parker, who was pastor for almost twenty years of the Congregational 
church of Ellsworth, Connecticut. He was a graduate of Yale College ; 
married Anna, the daughter of the above mentioned Thomas Fenn; 
and during the time he lived at Ellsworth, established and took charge 
of an academy which enjoyed a high reputation, and where many men 
who subsequently became distinguished, were educated. In 1816 he 
removed to Greenville, Greene county. New- York, and the academy 
there was placed in his charge. It was under him that the subject of 
our sketch, then only nine years of age, commenced the study of Latin, 
continuing in the academy two years. He then went to the Hudson 
Academy for the same period, and afterwards in the city of New- York 
passed three years. 

Eager for information, the son received from the father the most de- 
voted educational attention. lie obtained for him the best instructors 



AMASA JUNIUS PARKER, LL.D., OF NEW-YORK. 69 

in the country ; and it was thus that the first foundations of that fine 
classical learning and taste for 6e//<?s-/e/^/'e.s, that, independently of his 
professional attainments, distinguish Judge Parker, were laid. Such 
was his diligence, that at the age of sixteen he had completed the 
usual course of collegiate study. At the same immature age, viz : in 
May, 1823, he" was made the principal of the Hudson Academy, and 
continued in that capacity four years. 

Under his supervision, the academy was placed in a most prosperous 
condition, and attained a wide reputation ; and such was his youth, 
that many of his pupils, since distinguished, were older than himself. 
He was not, -up to that time, a college graduate ; but in consequence of 
a rival academy adducing this as an objection to the young principal, 
he, in July 1825, caused himself to be examined at Union College for 
the entire collegiate course. He passed the ordeal triumphantly, 
graduated with the senior class, and obtained his degree of Bachelor of 
Arts; and afterwards, in due course, received the degree of Master of 
Arts. 

After graduating, he resumed his duty at the academy; and, during 
the latter portion of his career here, he entered the oflice of the present 
Judge John W. Edmonds, then of Hudson, to prosecute the study of 
the law. 

In the spring of 1827 he resigned his trust as principal of the Hud- 
son Academy, and at the age of twenty, removed to Delhi, in the county 
of Delaware, where his uncle. Col. Amasa Parker, a lawyer of distinc- 
tion, was practising his profession. He entered the oflice of his uncle, 
finished his studies, and in 1828, at the age of twenty-one, was admitted 
to the bar. He then became a partner of his uncle, and for fifteen 
years a very large practice engaged the attention of the firm. 

The professional business of these two gentlemen is said to have 
been the most extensive country practice in the state, and the most 
systematically conducted. Col. Amasa Parker was a lawyer of thorough 
reading, long experience, and proverbial integrity. He preferred, how- 
ever, to leave to his partner to discharge the duty of trying and arguing 
causes. This division of labor could not fail to give to the subject of this 
memoir great experience in the various courts. It is said that he had 
tried more causes at the circuits than any young man of his age in the 
state, at the time of his elevation to the bench. 

We recollect seeing him in attendance at one of the Ulster Circuits, 
where he was engaged as counsel in every cause tried, the court lasting 
two weeks. His opponent throughout was that veteran of the bar from 
Poughkeepsie, Gen. Swift. The circuits in Ulster were then held by 
Judge Ruggles, now a member of the Court of Appeals : and for years 
it seemed a matter of course, if one party employed as counsel at that 
circuit either Mr. Pai'ker or Gen. Swift, the other of the two were im- 
mediately engaged on the opposite side. 

Judge P. was always distinguished for the energy of his character, 
and promptitude of his business habits. It was a rule of his office 
that no business letter should remain on the table unanswered over a 
single return mail. He had great facility in the dispatch of business, 
and with his untiring industry and application, and the admirable sys- 



70 DISTINGUISHED AMERICAN LAWYERS. 

tern adopted and enforced in his law office, the amount of business 
transacted was as large as it was various in character. 

It was not only as a lawyer, however, that Judge Parker became 
kncrwn to the public. He was called into the political arena. In the 
fall of 1833, he was elected a democratic member of the State Legis- 
lature, and was placed on the Committee of Ways and Means, and in 
other prominent situations, during the ensuing session. In the subse- 
quent year, being then twenty-seven years old, he was elected by the 
legislature a Regent of the University ; the youngest man ever before 
or since that time made a member of that distinguished body. 

At twenty-nine, he was elected, without opposition, to Congress, 
from the counties of Broome and Delaware, then forming a Congres- 
sional District. During his term he acted upon important committees, 
and addressed the House upon many public subjects, amongst which 
were the Mississippi Election Case, the Public Lands and the Cilley 
Duel, preserved in the columns of the Congressional Globe. All his 
speeches were of a high order ; and upon the former subject, which 
was of a very intricate kind, his effort called out the praises of 
both parties, as most* masterly, and as shedding the clearest light 
upon it. 

In 1839 he was nominated by the democratic party as senator in 
the Third Senatorial District of this state. Great excitement prevailed, 
as a successor to Nathaniel P. Tallmadge in the Senate of the United 
States was to be chosen by the ensuing legislature. About fifty thou- 
sand votes were cast. In consequence of the unwonted exertions used, 
the whig candidate, Gen. Root, prevailed, although by a majority of 
only a few votes. 

The five years that followed were employed by Mr. Parker in the 
energetic and laborious practice of his profession. At the end of that 
time, in March, 1844, he was appointed Circuit Judge of the Third 
Circuit, when he removed to Albany, where he has continued to reside 
to the present time. 

The duties of this distinguished post were most arduous, combining, 
as they did, those of a Judge of the Circuit and Vice Chancellor of the 
Court of Equity. To them he devoted, untiringly, the best ei>ergies 
of his mind, and met in an unfiiltering manner his great responsibilities. 

The same promptness and system which distinguished him as a law- 
yer, characterized him as a judge, and enabled him to dispose of an 
almost incredible amount of business. 

In 1845, he hold the Delaware Circuit, and no greater responsibility 
was ever cast upon a judge than fell to the lot of Judge Parker, in hold- 
ing that court. The county had been declared by the governor in a 
state of insurrection in consequence of the violent resistance made to" 
the execution of the laws. Assemblages, numbering two or three hun- 
dred persons, armed and disguised as Indians, had appeared in different 
parts of the county, and set the law and its officers at defiance. Sheriff" 
Steele had been shot down while engaged in the faithful discharge of 
his duty. The governor had therefore found it necessary to call into 
service a military force, which had been maintained at the county seat 
for several weeks, by whose aid arrests had been made, and public 
order maintained. 



AMASA JUNIUS PARKER, LL.D., OF NEW-YORK. 71 

The jail of the county, and two jails erected foi" the occasion, had been 
'filled with prisoners charged with every grade of crime, from murder 
down to misdemeanor. It was under such a state of things, and in the 
midst of an excited community divided in opinion as to the causes 
which had led to the commission of such crimes, that Judge Parker 
opened the Court of Oyer and Terminer. He found over one hundred 
prisoners confined. He announced that he should continue the court 
until every indictment was tried, and the jails all cleared. The Attorney- 
General, aided by Samuel Sherwood, Esq., assisted the District Attorney 
on the part of the People, and the prisoners were defended by other 
distinguished counsel. The trials progressed one by one with untiring 
perseverance : and at the end of the third week, the jails were cleared ; 
every case having been disposed of by conviction, or otherwise. Two 
were" sentenced to death, about fifteen to imprisonment in the state 
prison, some for life, and others for a less period ; and for the lighter 
offences, fines were in many cases imposed. The course pursued by 
Judge Parker met with general approbation. While the anti-renters, 
who had openly violated the laws, felt that the hand of justice had 
fallen heavily upon them, and were satisfied that the law could no 
longer be resisted with impunity, the more intelligent among them 
were also ready frankly to acknowledge that justice had been tempered 
with mercy. 

After the adjournment of the court, the military force v/as discharged, 
peace was restored, and in no instance has resistance to process since 
occurred in that county. 

In the summer of 1846, Geneva College conferred the degree of 
LL.D. upon him, a distinction eminently due to his well-known attain- 
ments as a scholar and jurist. 

In the same year, his term of ofiice ended with the then constitution, 
and under the present one adopted at that time, he was elected a Justice 
of theSupreme Court of the State of New- York, which office he now holds 
with distinguished ability. It was conferred upon him by the votes of 
not only his own party, but of a large number upon the opposite side, the 
suftrages being given as a token of the confidence and respect 
entertained for him in the Third Judicial District, from which he was 
elected. 

It has been frequently remarked of him, that he has never, since his 
accession to the bench, either as Circuit or Supreme Court Judge, failed 
to be present to open court at the precise minute appointed. Not a 
moment of time is thus lost ; the members of the bar, and all others at- 
tending court being expected, and thus by example, soon learned to 
practice similar promptness. A writer, in describing one of his circuits, 
says, " he accomplishes an infinity of business with the precision of 
machinery." 

Such is the career of one who received no patrimony but his educa- 
tion, and had no aids but his own energies and talents. How he has 
succeeded, this " plain unvarnished" memoir relates. It furnishes the 
loftiest evidence of the mighty force of industry, perseverance and 
integrity, in elevating those who practice those severe but benign 
virtues. 

As a public speaker, Judge Parker is of superior excellence. His 



72 DISTINGUISHED AMERICAN LAWYERS. 

voice is melodious and well cultivated, his bearing is dignified, his lan- 
guage fluent and wcll-chosen, and his ideas are clear and abundant. In 
extemporaneous speaking, he has few equals in the state. Always 
ready to meet an occasion, his oft'-hand powers of addressing an assem- 
blage are remarkable. In circumstances, when he might well have been 
in fault, surrounded with the loftiest and most dignified in the land, with 
celebrated statesmen and orators, we have known him called out with- 
out a moment's notice to address the company, and have witnessed the 
triumph of his eloquence. 

His speech in Dunkirk, at the celebration of the New-York and Erie 
Rail-road completion, with President Fillmore, Mr. Webster, Mr. Crit- 
tenden, and others of the Cabinet, a host of dignitaries and gentlemen 
from all parts of the state, around him ; and his remarks at the Web- 
ster dinner in Albany, in June last, and at the Litchfield Centennial 
Celebration in August last, exhibited conclusively his powers in this 
respect. 

As a man and a citizen, Judge Parker has won the esteem and respect 
of all who know him. His temper is singularly equable and. amiable, 
his heart kindly and capacious, his disposition frank, manly and gene- 
rous. His person is dignified ; his countenance beaming with a smile ; 
and his manners, polished in the best society, are easy, bland and cour- 
teous. 

Such is Judge Parker ; as such, honor is his due, and we delight thus 
in rendering him justice. Throughout the state is he estimably known. 
He adorns the station he occupies, while still higher honors doubtless 
await him in the future. 



HON. CHANCELLOR JOHNSTON, 

OF SOUTH CAROLINA. 

This eminent jurist is a native of Fairfield district. South Carolina, 
and was born of Scotch-Irish parents, near the close of the last century. 

His early training, moral and intellectual, was in nowise different 
from what was common in the state of the country at the time ; except 
that his parents put him very early to school, and gave him all the ad- 
vantages within their reach ; and except, also, the benefits which he re- 
ceived from some domestic arrangements peculiar to the family, and 
which are deemed not undeserving of notice. 

His parents wei-e not ordinary people. His flither, though compara- 
tively uneducated, possessed a mind of uncommon strength. His 
mother was an educated woman, of unusual powers of mind. Both 
were pious ; and, like all Scotch-Irish Presbyterians, anxious for the 
education and advancement of their children. Besides placing them at 
school, at as early a period as they could, they attracted to their house, 
as far as lay within their power, such persons as were possessed of at- 
tainments : and tiius, at the fireside and the hearth, their rising offspring 
received the advantages of oral instruction, administered in the most 
delightful, and, of course, impressive form. They were taught to be 
attentive listeners : and, in the course of conversations, sometimes prac- 



HON. CHANCELLOR JOHNSTON, OF SOUTH CAROLINA. 73 

tical, sometimes speculative, sometimes spiced with wit, or seasoned 
with humor, and sometimes mellowed with sentiment, or chastened 
wdth the grave and more awe-inspiring truths of religion and its obli- 
gations, they caught much that no vicissitude in after life could deprive 
them of. When there was no company in the house, or when the com- 
pany was such as rendered it proper, the invariable habit of each even- 
ing was for some one of the family to read some instructive or interest- 
ing book, while the rest listened ; and to intersperse the exercise, (for it 
was no task,) with pertinent inquiries and replies, for the better under- 
standing of the author. 

Such were the parents of Job Johnston, the subject of this biogra- 
phical sketch ; and such the manner in which they trained him, from 
his childhood. He has been heard to say that he can hardly remember 
when he could not read ; or when he was not a constant, though an 
immethodical reader, — a habit which still adheres to him. No wonder 
that he continually cherishes the memory of such parents with grate- 
ful affection. 

He was placed at his first Latin school at between eight and nine 
years of age, and made rapid progress ; keeping up with his class, 
though twice prostrated for several weeks by disease. The schools of 
those days were supported with difficulty, and this classical school broke 
up at the end of nine or ten months : and our subject was, of necessity, 
interrupted in his course. It was resumed, however, after two or three 
years ; and after encountering some other and pretty considerable im- 
pediments, he was enabled to enter the junior class in the South Caro- 
lina College, 

He was graduated with high distinction, though the youngest in his 
class ; and the youngest boy who had, even then, taken a degree in the 
institution. 

After a pretty thorough "preparation for the medical profession, he 
declined to enter upon its practice, from an apprehension that his con- 
stitution, which was delicate, was incapable of sustaining its labors, or 
bearing up under the scenes of distress and anxiety which he must 
necessarily encounter. But from his medical studies he derived in- 
formation which he continnes to prize ; and he is in the habit of recom- 
mending to gentlemen of the bar to devote a portion of their time to 
such studies, as an admirable auxiliary to their own profession. 

Having changed his purposes, he turned his attention to the law ; 
and after a diligent reading of the usual course, and a laborious training 
to yffice business, he was admitted to practice in the courts of law and 
equity in November or December, 1818 : and at the instance of his 
friends and relatives, who had been the most earnest and influential 
supporters of the gentleman with whom he studied, he was immediately 
taken by him into co-partnership. This connection did not extend 
beyond the district in which the parties resided : and Mr. Johnston 
was dependent, for business in other districts, entirely upon his own 
exertions. 

But he soon obtained, and especially in the districts to which the co- 
partnership did not extend, an excellent standing at the bar. 

His progress was not so rapid as it was sure. He was esteemed an 
excellent lawyer, and argued his cases with ability, and generally with 



74 DISTINGUISHED AMERICAN LAWYERS, 

success. He was never known to mislead his client by flattering 
advice ; but gave a sincere representation, according to his real concep- 
tions of the case ; and a client who once tried him, was never known 
to desert him. In the preparation of his business he was diligent and 
skilful ; and such was his care and accuracy in pleading, that he never 
was nonsuited, or otherwise failed in a matter of pleading, but once : 
and, in that instance, the pleading had been put in, in his absence, by 
another person. Nor was any bill ever filed by him dismissed for 
insufficiency. 

As an advocate, though uncommonly efficient, he made no preten- 
sions to raei'e oratory. In cases demanding exertion, his style of 
address was earnest, fervent and argumentative ; and he generally pre- 
vailed both with court and jury. In the management of intricate causes, 
he was very skilful; and his manner of unfolding the claims of his 
client was marked for clearness of method, precision of statement, both 
as to law and fact, and for chasteness, vigor, and perspicuity of 
language. 

He devoted himself to his profession, exclusively. He was never, 
as is but too common, a candidate for military office, or for the legisla- 
ture. The politics of his district were, at that time, federal : and he, 
himself, being a disciple of the JefTersonian State-Right school, did not 
choose to enter the arena : especially, as to have done so, would have 
placed him in competition with his senior partner and professional in- 
structor. He therefore totally abstained from such pursuits, (though 
retaining, and not concealing, his own opinions,) and gave his undi- 
vided energies to the courts and the interests of his clients. 

In December, 1830, he was elected Chancellor, in the place of Chan- 
cellor HarjDer, who was transferred to the Court of Appeals, At that 
time there were but two chancellors ; and his colleague was the late 
venerable Chancellor DeSaussure. 

The practice of the court had been extremely loose and imperfect, 
and Chancellor Johnston set himself to reform it. As in all such cases, 
he was misunderstood, or misrepresented, by that part of the profes- 
sion whose indolence was disturbed by the strictness of his discipline. 
But conceiving that the rights of the suitors and the interests of the 
community were concerned, he persevered until he accomplished, at 
least in a great degree, the reformation he designed ; and whatever of 
diligence and accuracy prevails, at this day, in the preparation of equity 
business, is, in a great measure, attributable to him. 

Such have been his care and circumspection in granting ordprs, 
that it has been said, no suitor has ever lost his estate or his rights, by 
any blunder of his. during the twenty-one years of his administration. 

When he came to the bench in 1830, the law and equity jurisdic- 
tions were separate, as they still are upon circuit; but they were united 
in the Appellate Court. The two chancellors and the five law judges 
rode their respective circuits ; and from their decisions, appeals were 
taken to three judges, who sat exclusively as a court of appeals. 

In 1835, this latter court was abolished, by the transfer of two of its 
members to the Court of Equity, (thus increasing the number of chan- 
cellors to four,) and by the transfer of the third member to the courts 
of law, (thus increasing the law judges to six.) A new court of ap- 



HON. CHANCELLOR JOHNSTON, OP SOUTH CAROLINA. 75 

peals was constituted of all the chancellors and judges, sitting together, 
— the judge whose decision was under review to have no voice in that 
particular case. This system lasted but one year, at the end of which 
the chancellors were coiistituted an appeal court for equity causes, and 
the law judges for law cases: and only required to unite in the decision 
of constitutional questions, and in other specified cases. 

To the duties of his high and responsible office. Chancellor Johnston 
has devoted himself with most exemplary assiduity from the time he 
came to the bench to the present day ; and though the South Carolina 
reports have been, for the most part, carelessly got up by the reporters, 
and abound in gross typographical errors, yet if the numerous judg- 
ments delivered by this gentleman are attentively examined, they will 
reflect the highest credit upon his diligence, integrity and ability. The 
books are full of his decisions ; but we notice a few of them as 
specimens. 

Perhaps the doctrine of Res Judicata is nowhere placed upon 
sounder principles than in Maxwell v. Connor, (1 Hill. Ch. 14,) which 
has become the leading case, in the state, upon the subject. The same 
excellence may be attributed to the decree in Niolen v. Douglass, (2 
Hill. Ch. 443,) upon the subject of preferences of particular creditors 
by a failing debtor : a decision of which, it has been affirmed, by very 
competent authority, that no case, English or American, has more 
thoroughly or more philosophically sifted the subject. In this case, 
the chancellor firmly, and it is thought, successfully, controverts cer- 
tain propositions of Chancellor Kent. The same subject is examined 
by him with great ability in Vaughan v. Evans, (1 Hill. Ch. 414.) 

Prior to this decision, and on the second circuit which he rode, he 
had distinguished himself by a thorough and masterly decree, in Stoney 
V. Shultz : which, upon appeal, was affirmed with a single and very 
•light modification ; but in the miserable report made of the case, (1 
Hill. Ch. 465,) his decree is omitted, and he is deprived, except 
among the bar concerned in the cause, of the credit due to the de- 
cision. 

The great case of Pell v. Ball ( Chevei Eq. 99) was also heard by 
him ; and his decree drew forth the highest encomiums from Chancel- 
lor Kent and Professor Greenleaf. 

In the late case of Johnson v. Tlie Ocmulgee Bank, (3 Strohharfs 
Equity Rep. 263,) his decree is a monument of diligence, judicial firm- 
ness, and ability. And though upon its being brought by appeal before all 
the chancellors and law judges, it was modified in one or two impor- 
tant particulars : his dissenting opinion, in which he showed still higher 
powers, and had the concurrence of a large minority of the court, may- 
be safely left to vindicate his judgment. 

In McCool V. Leonard, (3 Strobharfs Eq. 44,) is contained one of the 
most beautiful vindications of the justice of the law to be found in the 
books ; and the opinion in Deveaux v. Deveaux, (1 Strob. Eq. 283,) 
is a fine specimen of judicial style. 

In the construction of the celebrated statute of 1791, Mr. Johnston 
proved his ability, while at the bar, in the argument of McCaw v. 
Blewit. (2 McConVs Ch. Rep. 19.) His argument, which was suc- 
cessful, is always quoted, instead of the opinion of the court, and 



76 DISTINGUISHED AMERICAN LAWYERS. 

makes that case the. leading one on the subject. Numerous decisions 
made by him, as a judge, upon the same statute, are to be found in the 
books, and show his thorough comprehension of the bearings of this 
organic law. Some of them, upon the subject of advancements, are of 
the highest consequence. Among others, we may instance his opinion 
in Cooner v. May. {2 Sirobh. Eq. 185.) In another case, McClure v. 
Young, still in MS., his inquiry whether the statute destroys tenancy 
by the courtesy in fees conditional, is distinguished for acumen and 
power of reasoning. 

Chancellor Johnston's abilities were proved in the case of Picket v. 
Picket. (2 HilVs Chancery Reports, 470.) This case came before all 
the chancellors and judges by appeal from his circuit decree, at the 
time when the structure of the court did not permit him to sit upon 
the appeal. The majority of the court, in conference, determined to 
reverse the decree. At the request of the minority, the chancellor wrote 
a dissenting opinion for them. After the opinion, agreed upon by the 
majority, was read by Chancellor Harper, the dissenting opinion was 
read, and its effect was to change the opinion of the court. The dis- 
senting opinion was adopted as the leading opinion, and what had been 
intended for the leading, became the dissenting opinion. 

Another instance alike creditable to him occurred to him in Field v. 
Pelot. {Mc Mullen Eq. 369.) There the appeal was from a decree of 
Chancellor Harper. In the consultation, Chancellor Johnston brought 
the court, and, among others, Chancellor Harper himself to agree to a 
reversal of the decree. The case having been put into his (Ch. J's) 
hands, to prepare and deliver the opinion of the court, he became satis- 
fied, while drawing it up, that his positions were untenable. He 
brought the matter to the view of his brethren, but was unable to re- 
convert them. Chancellor Harper was chosen to deliver the opinion 
which his brother Johnston was to have delivered — Johnston dissent- 
ed ; and his dissenting opinion has been since adopted as the law. 
How honorable is this remarkable specimen of candor and probity to 
both the eminent judges named ! 

To the cases mentioned, we might add the recent decrees of Chancellor 
Johnston in Hay v. Hay, and Reese v. Holmes, (cases yet pending,) as 
conclusive proofs of rare discrimination, industry, and intellectual 
ability. 

He is almost destitute of pride of opinion. His decrees contain no 
superficial statements. There is no covering over of the facts ; but a 
full, and even minute, disclosure of every particular. Thus, appealing 
parties are enabled to subject his legal inferences to the severest 
scrutiny ; and he often joins in reversing his circuit opinions. 

In his examination of causes, whether on the circuit, or in the court 
of appeals, he spares no labor. He resolutely grapples with every 
difficulty, and fairly establishes his conclusions upon the grounds of 
reason. His instruments are the leading elementary principles of law, 
rather than cases and precedents; though to those he pays just respect; 
and is never found among those who impartially set aside authority for 
the sake of establishing their own notions of right and justice. Though 
making no pretensions to fine writing, his style is clear, forcible and 
beautifully chaste. It is the remark of the bar, that it is never difficult 



HON. CHANCELLOR JOHNSTON, OF SOUTH CAROLINA. 77 

to collect the exact import of his judgments : to ascertain and distin- 
guish between the precise points decided and those not intended to be 
adjudged. 

Such is his judicial character. 

Upon the death of Chancellor Harper, in 1846 or '47, he became 
President of the Court of Appeals in Equity ; in which station he still 
continues. 

Though never seeking political preferment, he was spontaneously- 
elected a member of the celebrated Convention of 1832 ; and, being on 
a committee with his brother Harper, drew the Ordinance of Nullifica- 
tion, which was reported by that gentleman and adopted by the con- 
vention. He also drew and proposed the Ordinance of Allegiance; 
but, afterwards conceiving that the convention was too much divided to 
Tender its passage expedient, he voted against it. It was, nevertheless, 
carried. 

His habits are extremely simple. No man more thoroughly despises 
or avoids every thing like clap-trap. Retiring and even diffident, shrink- 
ing from show and glare, he confines himself to the performance of his 
duties ; and though possessed of very warm social affections, which he 
displays in limited circles and among those in whom he has confidence, 
he avoids public display, and is taciturn and reserved in mixed com- 
panies. 

His taste is delicate, to fastidiousness ; and his private pursuits 
betray these qualities. He is enthusiastically devoted to horticulture ; 
and though denied the opportunities for indulging in the ornamental 
departments of this art, in the useful branches of it he is quite famous. 
In his youth and childhood he had a turn for drawing, and without the 
aid of masters made some proficiency in it ; but abandoned it as the 
business and cares of life pressed upon him. In his leisure moments, 
which are few, he has acquired a tolerable acquaintance Avith French, 
Spanish and Italian ; but never having had an instructor, does not ven- 
ture to pi-onounce these languages. 

He has been twice married ; and has several children by each 
marriage. 

In stature he is six feet. In youth he was remarkably slender. Of 
late yeai's he has become robust, with a considerable tendency to cor- 
pulency. In manner he is thoughtful, with a cast of melancholy. But 
when in a small circle of those whom he can trust, he is cheerful, even 
to buoyancy. 

His health appears to be excellent, and his powers unabated. 



78 DISTINGUISHED AMERICAN LAWYERS. 

HON. JOHN B. CLOPTON, 

JUDGE OF THE FOURTH JUDICIAL DISTRICT OF VIRGINIA. 



John B. Clopton, the present judge of the fourth judicial district and 
seventh circuit in the state of Virginia, was born in the city of Rich- 
mond, on the r2th day of February, 1789 ; and while an infent, was 
removed to Roslin, his father's residence, in the county of New-Kent. 

John Clopton, his father, was a descendant of William Clopton, who 
emigrated from England to Virginia in the reign of Queen Anne. 
During the war of the revolution, he served as a major in the Virginia 
line, and was among the wounded at the battle of Brandy wine. After 
the war, he acted as clerk to the House of Delegates of Virginia. In 
1795, he was elected to Congress from the Richmond and New-Kent 
district, and with the exception of the session of 1799, when he was 
successfully opposed by John Marshall, the late chief justice, continued 
to represent that district in Congress until his death, in 1816. Major 
Clopton married Sally Bacon, a daughter of Edmund Bacon, of the 
county of New-Kent, and a lineal descendant of The Rebel, Nathaniel 
Bacon. Of this marriage, Judge Clopton is the oldest child who sur- 
vived infancy. 

The education of John B. Clopton, the subject of this memoir, was 
conducted principally at home, under the direction of Thomas Mac- 
Murdo, a Scottish gentleman, of high and varied attainment, and very 
ripe scholarship. Under the tuition of Mr. MacMurdo, he early ac- 
quired that taste of literature, particularly of an historical nature, which 
has ever since found a leading feature in his character. Having completed 
his scholastic course, Mr. Clopton commenced the study of law, under 
the instruction of Edmund Randolph, then one of the most eminent 
members of a bar, which, for its size, had no superior in the Union. In 
May, 1810, he was called to the bar, and immediately entered upon 
the active practice of his profession. 

At that time, political life held out many inducements to the aspiring, 
and opened a rapid and attractive path to distinction. The feverish 
period which preluded the war of 1812, had commenced ; and popular 
feeling was fast approaching a state of high excitement. At such a 
juncture, it was diflicult for any man of ability and ambition to abstain 
from mingling in political life, and to deny himself that position in the 
public notice which seemed at the same time so brilliant, and so easily 
attainable. But controling his own inclinations, and disregarding the 
importunities of his friends, Mr. Clopton refused to take any active 
part in politics, and devoted himself closely to the practice of his pro- 
fession and the management of his estate, until 1820, when he was 
elected to represent the Richmond and New-Kent district in the Senate 
of Virginia. This district he continued to represent until 1830, when, 
in consequence of its interference with his professional duties, and his 
growing distaste to political life, he declined re-election. 

In May, 1830, he married Maria G., the oldest living daughter of 
John Foster, an English merchant, residing in Richmond. 



HON. JOHN B. CLOPTON, OF VIRGINIA. 79 

In 1829, a Convention was called, for the purpose of framing a new 
Constitution for the State of Virginia. Few bodies have ever been 
convened in the United States, none certainly in Virginia, which pre- 
sented a more splendid array of talent, than the Convention of 1829, 
or which won for itself a more wide-spread reputation. In this Con- 
vention, the metropolitan district, comprising the city of Richmond, 
and the counties of Henrico, New-l\ent, Charles City, James City, York, 
Warwick, and Elizabeth City, were represented by the late Chief Jus- 
tice Marshall, the late Judge Nicholas, John Tyler, late President, and 
John B. Clopton. 

About the close of the Convention, the business of the higher courts, 
held in Richmond, had become very heavy. With crowded dockets, 
these sessions were necessarily very protracted. Finding that he could 
not, with convenience, attend to his practice in those courts, while re- 
siding in New-Kent, in 1833 Mr. Clopton removed to Richmond. 

In 1834, he was elected a judge of the General Court of Virginia, and 
assigned to the fourth judicial district and seventh circuit, then vacated 
by the appointment of Judge Brockenbrough to the Court of Appeals. 

This circuit then consisted of the city of Richmond, and the counties 
of Henrico, Hanover, Chesterfield, Powhatan and Goochland. For 
each of these counties a semi-annual court was held, known as the Cir- 
cuit Superior Court of that county, and having both civil and criminal 
jurisdiction. The criminal jurisdiction of these courts extended to the 
trial of all offences committed by whites and free negroes, with appeal 
only to the General Court, which, prior to its remodeling in eighteen 
hundred and forty-nine, consisted of the judges of all the circuit courts, 
and met in Richmond in June and December of each year, for the trial 
of such appeals. The civil jurisdiction included all cases both in law 
and equity, where the amount in controversy exceeded fifty dollars, and 
an appellate power over causes tried in the county or inferior courts. 
The decision of the Circuit Superior Courts was final in all causes not in- 
volving more than one hundred dollars. Cases of larger amount could 
he carried for error to the Court of Appeals, consisting of five judges, 
which was the Supreme Court of the state. 

The business of this circuit was enormously heavy, and increasing 
every year. The counties forming it were among the most wealthy 
and populous in the state, and the transactions of the people such as to 
produce much diflicult and protracted litigation. The dockets of all 
the courts were crowded, particularly those of the Circuit Court for the 
city of Richmond and county of Henrico, both on the law and chancery 
sides. The chancery side was especially so ; for in addition to the 
legitimate business of that court, the causes which were pending in the 
High Court of Chancery for the State of Virginia, and in the Chancery 
Court for the Richmond District, had, upon the abrogation of these 
courts, been transferred to this, and a large number of them still re- 
mained undecided. 

From the period of his election until 1837, the duties of his office 
required Judge Clopton to be almost continually upon the bench. 
Being found too arduous for any one judge to discharge, the legislature 
in that year formed a new circuit of the city of Richmond and county 
of Henrico; and Philip N. Nicholson, Esq-, was elected judge. Sub- 



80 mSTINGUISHED AMERICAN LAWYERS. 

sequently the law and chancery sides of that court were separated, and 
each constituted a distinct circuit — Judge Nicholson continuing to pre- 
side over the law court, and John Robertson, Esq., being elected chan- 
cellor. After this change the counties of Charles City and New -Kent 
were added to Judge Clopton's circuit, and more recently the county 
of Powhatan taken from it. His circuit now consists of the counties 
of Hanover, Chesterfield, Goochland, New-Kent, and Charles City. 

Few men have occupied a higher position upon the Virginia bench 
than Judge Clopton. Regarding the study of law, not merely as a 
matter of professional duty, but as the investigation of an intricate and 
beautiful science, he devoted the powers of his fine intellect to it not 
more as a means of advancement in his profession, than as a matter of 
taste and subject of intellectual pleasure. With a mind eminently legal 
in its character — with reasoning powers, active, rapid and accurate — 
with that peculiar mental faculty which enables the possessor lo disen- 
cumber the subject before him of all surplus matter, and follow the 
correct line of argument without danger of deviation, he united to 
great research much analytical ability and deep thought. Thus fitted 
by nature and education for its study — viewing it in this light, and 
investigating it with this double impulse and purpose, he could not be 
content with that comparatively superficial knowledge which might 
have answered the demands of practice, but closely and carefully 
searched into the anatomy of English and American jurisprudence. 
Familiar to a remarkable degree with the minutiae of English history, 
particularly of those times when law was erected into a system — look- 
ing not merely to the prominent features of that system, but to the 
causes which led to, and the circumstances attendant upon the introduc- 
tion of those features, he learned to. attend less to the letter than to 
the great purpose and spirit of law. His mind thus early became im- 
bued with those great leading principles which form the only solid 
basis of legal learning, and which are the rules by which alone the cor- 
rectness of individual decisions can be accurately tested. Making him- 
self acquainted with all important decisions of English and American 
courts, a remarkably retentive memory enabled him not only to re- 
collect the prominent points decided in each cause, but most usually 
the detailed history of the case, and the finer and more delicate 
legal distinctions which were drawn in its progress. This course 
of study while at the bar, with his clear views of legal philosophy 
and analogy, enabled him, upon coming to the bench, to decide the 
difficult ([uestions arising in his courts, not seldom upon unadjudicated 
points, with great rapidity, and little consultation of authority. Of the 
accuracy of these decisions, and his high judicial capacity, perhaps the 
best evidence is found in the fact that, with the large number of cases 
coming before him for determination, fewer of his decisions have been 
reversed by the Appellate Court than of any other judge of the general 
court who has been upon the bench for an equal length of time. 

With abilities and a varied store of information eminently fitting 
him for such a position. Judge Clopton has always entertained an aver- 
sion to political life, which disinclined him from taking an active part 
either in state or federal politics; and exc(!pt on the occasions mentioned, 
he never could be persuaded to oiler himself as a candidate for any 



HON, DANIEL A. WILSON, OF VIRGINIA. 81 

office. Much attached to literary pursuits, he preferred giving the time 
which could be taken from professional duties to' the fine library he 
had collected, rather than to those public occupations, which, if more 
exciting, were less congenial to a retiring nature. Though eager in his 
search after knowledge, yet studying scarcely more for its acquisition 
than for the love of study, he has been accustomed for a long period 
to spend in reading almost every moment which could be taken from 
graver duties, and many of those hours which are usually devoted to 
sleep. 

In friendly, social intercourse, he has few superiors. Possessing a fund 
of information which seems not only to embrace every clime and every 
subject, but all the prominent personages of every country and every 
time ; a knowledge of the classics, which comprehends not merely the 
leading authors of Grecian and Roman literature, but the rich and 
varied fields of learning which are connected with them ; — a fine dra- 
matic taste, and a familiar acquaintance with the leading playwrights ; — 
an acquaintance v/ith history, including not onlj;- the narrative of events, 
but extending to its minor details, and the manner and customs of 
nations at the different periods of their existence ; — a biographical 
knowledge of the men of Europe and America, which, not confining 
itself to their history as politicians or men of science, extends to their 
private lives and characters — with much of the quaint lore of the 
antiquary ; — a fund of anecdote, and a vein of quiet humor seldom sur- 
passed, with rare conversational powers — clothing his ideas in lan- 
guage at once simple and elegant — imparting his information with that 
absence of pretension which evidences an entire freedom from pedantry — 
there are very few who do not derive both pleasure and instruction 
from his society. 

With the quiet, easy manner of the old Virginia gentleman, at home 
in any company and welcome in all ; with that true politeness which, 
appearing to recognize no difference in men, extends the same dignified 
courtesy to the humblest and poorest as to the highest and most influ- 
ential ; with that mingled pride and delicacy of character which will 
flatter the vanity or wound the feelings of no one ; plain, unostentatious 
and unpretending, it is difficult to know without .admiring him, and he 
is believed to be without an enemy. 

Of Judge Clopton it may correctly be said, that he presents the rare 
combination of the able and impartial judge, the accomplished scholar, 
and the true gentleman. 



HON. DANIEL A. WILSON, 

OF VIRGINIA. 

Daniel Allen Wilson was born in Cumberland county, Virginia, the 
21st day of May, 1790, His ancestors were among the early settlers of 
the state. His father, Richard Wilson, of James City, served through 
the Revolutionary War as an officer of the Virginia militia, 

6 



82 DISTINGUISHED AMERICAN LAWYERS. 

being engaged in the battle of Guilford and the siege of Yorktown, 
which terminated that ever-memorable struggle. His mother, Priscilla, 
was the daughter of Daniel Allen, of Cumberland. At an early age he 
entered Hampden Sidney College, at which celebrated seat of learn- 
ing he acquired a high reputation for scholarship and honorable deport- 
ment. The manly and generous qualities that exhibited themselves in 
his intercourse with his fellows ; the kindness, sincerity, and independ- 
ence of spirit that formed his social character, won for him, to an un- 
usual degree, the esteem of those with whom he was associated ; while 
the faithful performance of his scholastic duties, .and the facility with 
which he mastered his studies, attracted the regard of his teachers, and 
excited hopes of future distinction, not disappointed in the sequel of his 
life. 

After his academic studies were completed, he entered the law-office 
of William Daniel, subsequently one of the most eminent judges of 
the General Court of Virginia, under whose direction he prosecuted the 
study of the law. In 1810 he was admitted to the bar, and entered at 
once upon a lucrative practice. As a lawyer, he gained most reputa- 
tion as an advocate, and was particularly distinguished for his success 
before juries in criminal cases. In all the duties of the practitioner — 
multiform, delicate, and trying as they are — his integrity was above 
reproach ; and his fairness, ability, and skill, commanded the confidence 
and admiratioji alike of his professional brethren and of the public. He 
was esteemed by all as a conscientious counselor, an eloquent ad- 
vocate, and a learned and discriminating jurist. 

During the war of 1812 he performed two tours of service as lieu- 
tenant of a volunteer troop of cavalry, from his native county ; and 
though the fortunes of war did not bring him into the presence of the 
enemy, the promptness with which the company rallied to the defence 
of the country, and the high degree of discipline and soldierly excel- 
lence attained by the Cumberland cavalry, made it one of the most noted 
corps in the service. 

In 1814, having resumed the practice of his profession at Cumber- 
land Court-house, he was united in marriage with Rebecca Ann, 
daughter of John Macon, of Powhatan. He continued the practice of 
the law with unvaried success and distinction until the year 1824, when 
yielding to the solicitations of others, and lured, it may be, by political 
aspirations, he became a candidate for, and was elected to a seat in the 
general assembly. From that period until 1828, when he declined be- 
ing a candidate for re-election, he continued to represent his county in 
the House of Delegates without opposition. During the term of his 
service in this capacity, and afterwards, he was on terms of intimacy 
with Tazewell, llandol[)h, Giles, and other statesmen of Virginia of 
world-wide renown. This era of the legislative history of Virginia was 
marked rather by an unusual amount of talent than by political excite- 
ment or agitation. The subject of this sketch was one of the leaders 
of that division claiming to adhere most rigidly to a strict construction 
of the federal constitution. He was chiefly instrumental in the election 
of Tazewell to the Senate of the United States ; and in the contest of 
182G, lietween Randolph and Tyler, for a seat in the same body, he 
exerted himself warmly in favor of the former. 



HON. DANIEL A. WILSON, OF VIRGINIA. 83 

During the cessation of party strife that succeeded the election of 
Jefferson, and characterized the administration of Madison and Monroe, 
and the early part of Adams', the Legislature of Virginia were mainly 
engaged in the consideration of questions of state policy. Wherever 
questions of a party character arose, and especially such as involved 
the rights of the states, Mr. Wilson was always found co-operating 
with those who demanded that the action of the federal government 
should be restricted to powers clearly granted by the constitution. 
He was a firm supporter of the doctrines of that school founded by 
Jefferson and Madison, and of the principles set forth in the celebrated 
resolutions of 1798-99. But during the political calm to which re- 
ference has been made, no question of other than minor interest, in- 
volving federal politics, arose. Among other subjects of state policy, 
a reformation in the judiciary system came under consideration. In 
imitation of the English practice, and without regard to the sparseness 
of our population, the common law and chancery jurisdiction were di- 
vided and vested in separate tribunals. The common law jurisdic- 
tion was vested in circuit courts, held by judges in each county of the 
state — while the chancery jurisdiction was vested in courts of chancery, 
held by chancellors for large districts — the whole state being divided 
into only five. This arrangement occasioned very great inconvenience 
to suitors, and sometimes led to a denial of justice. Not unfrequently 
the courts of law and those of chancery would differ as to their respec- 
tive jurisdictions, and in some cases there was no mode of determining 
which was the rightful tribunal. But the chief inconvenience resulted 
from the size of the districts. Suitors were required to travel great dis- 
tances, and remain at great expense, awaiting the tedious action of law- 
yers and the court, and the dilatory movements of parties, whose interest 
it frequently was to retard the decree of the chancellor. This attend- 
ance upon the courts was the more arduous from the want at that 
time of all flicilities for travel except the ordinary roads and convey- 
ances. 

Experience of the evils of such a system prompted Mr. Wilson to 
undertake its reformation, and accordingly he moved a resolution of 
inquiry into the matter; and shortly afterwards, as chairman of the 
committee appointed for the purpose, reported a bill, blending the 
common law and chancery jurisdiction, and conferring it jointly on the 
circuit superior courts of each county in the state. The bill, through 
his influence, passed the Plouse of Delegates, but was lost in the Senate. 
The scheme was, however, so ftivorably received by the people, that 
it was adopted a few sessions later, and yet remains almost the only 
feature of the judicial system that has not since undergone a change. 
Its adaptation to the circumstances and wants of the people of Vir- 
ginia, has been tested and approved by the experience of twenty years. 

In 1829, Mr. Wilson was elected by the general assembly one of the 
eight members of the council of state. In 1830, the council having 
been reduced by the amended Constitution, from eight to three, he was 
again chosen one of the three. The office of councilor was, at this 
period, one of great responsibility and corresponding honor. By the 
organic law of the state, the governor was directed, before he exercised 
any discretionary power conferred on him by the Constitution or laws. 



94 DISTINGUISHED AMERICAN LAWYERS. 

to require the written advice of the members of the council. In the 
absence, or at the death or resignation of the governor, the eldest coun- 
cilor acted as governor of the state. The era of which we are speaking, 
is one of the most brilliant in the history of Virginia. Then Giles, 
Floyd and Tazewell stood at the helm of state. Randolph, of Roanoke, 
was in the zenith of his unequaled powers, and, with all his mental 
idiosyncracies, was the steadfast advocate of state rights. Tazewell 
was the most accomplished and astute statesman and jurist of the age. 
Giles was possessed of a most vigorous and searching intellect, and was 
an ardent co-laborer with the others in support of the Virginia con- 
struction of the Federal Constitution. Peter V. Daniel, who now 
adorns the bench of the Federal Judiciary, was then prominent and 
influential in controling the policy of the state, and moulding the poli- 
tical sentiments of its people. These were the associates and friends 
of Mr. Wilson. With these kindred spirits, he assisted in directing 
the destinies of the " Old Dominion" for a series of years, more glorious 
than any since the days of the Revolution. 

In 1840, Mr. Wilson having again become a private citizen, was 
elected by the general assembly one of the judges of the General Court 
of Virginia. The ofiice was conferred at the solicitation of many mem- 
bers of the legal profession in the circuit with whom he had been long 
and intimately associated in the practice, and who possessed the amplest 
means of knowing his moral and mental qualifications for the high trust. 
Its acceptance imposed no ordinary amount of duty and responsibility. 
The docket, with perhaps a single exception, was the largest in the 
state ; and many of the cases involved interests of vast and extended 
moinent. In the town of Lynchburg, and the county of Buckingham 
particularly — the one the most active and enterprising place of business 
for its number of inhabitants in the state, the other a large and populous 
county in which unfortunate speculations had entailed a class of suits 
extraordinary in number and character — the difficulties of the post were 
most embarrassing. In Lynchburg, a heavy bank defalcation had 
involved the citizens and money institutions in prosecutions and litiga- 
tion that brought up the most intricate principles of criminal law, and 
the most delicate questions of commercial relation. In the discharge of 
these trying duties, the judge's fixed and unwearying purpose seemed 
to be. to arrive at the truth, and to administer the lata. He displayed, 
throughout the tedious process of the various trials, which are indeed 
the striking characteristics of his judicial bearing, patience, courtesy, 
dignity, and veneration for the laws as they are written. 

Amid the clamor of opposing counsel — the sophistical arguments to 
which professional zeal sometimes seduces them, and the frequent oc- 
currence of events, wearisome and provoking in the transaction of legal 
business — Judge Wilson preserves, in a remarkable manner, the bland - 
ness of his temper and the equipoise of his intellect. He ever looks 
to the principles of justice, as impressed upon its scrolls by the great 
fathers and expounders of jurisprudence, without an emotion of the ad- 
vocate or partisan, in any case that comes before him. He has achieved 
an amiable reputation for impartiality, ability, and learning. These 
ofiieia! qualifications, united with great simplicity, frankness and cordi- 
ality of manner, and adorned by a spotless purity of private life, make 



HON. JOHN W. NASH, OF VIRGINIA. 85 

this brief record of his virtues just to himself, and, it is hoped, not with- 
out usefulness to others, as presenting, in a single individual, the double 
type of the Virginia jurist and gentleman. 



HON. JOHN W. NASH, 

OF VIRGINIA. 

John W, Nash, the subject of the present memoir, is one of the 
judges of the General Court of Virginia, and the judge of the Second 
Judicial Circuit of that state. The Second Judicial Circuit comprises 
the city of Petersburg and seven of the adjoining counties ; extending 
from the James River to the North Carolina border ; and is inhabited 
by an enlightened and highly cultivated population. Judge Nash is 
by birth a Virginian, and a native of the county of Fauquier, and is 
of purely Virginian and English descent. He is now in the 59th 
year of his age, and resides in the county of Powhatan. His educa- 
tion, though classical, %vas not complete ; but this deficiency was in a 
great measure supplied by subsequent reading and study. He studied 
law in 1812 and 1813, with John Love, Esq., a distinguished lawyer in 
the county of Prince William, and commenced his professional career 
in the county of Cumberland, on the south side of James River, in 
1813. The United States was at that time engaged in the war with 
Great Britain, and Mr. Nash, w^ho was then a very young Bian, with 
the characteristic ardor of men of his age, earnestly espoused the cause 
of the war, and gave to Mr. Madison's administration his hearty sup- 
port. This necessarily placed him in opposition to that brilliant, but 
eccentric politician, the late John Randolph of Roanoke, within whose 
congressional district he then resided ; and in the memorable contest 
of that day between the late John W. Eppes and Mr. Randolph, he 
gave to Mr. Eppes a cordial support. To this circumstance, perhaps, 
is to be attributed his early attention to politics: for in 1818 we find 
him returned as a delegate from the county of Cumberland to the 
legislature of the state ; and it was during the session of 1818 and 1819, 
that the statute laws of Virginia (which had been previously revised 
and compiled by Mr. Leigh and others) were acted on by the legisla- 
ture, and -\\e find Mr. Nash one of the members of the committee in 
the House of Delegates to whom those bills were referred. He was 
thus afforded an opportunity of becoming still more familiar with the 
statute laws of the state, which were in after-life to engage so much of 
his attention. He served, however, only one session as a delegate from 
the county of Cumberland, but voluntarily resigned his seat for the 
purpose of devoting himself more exclusively to his profession. In 
1820 he removed to the county of Amelia, where he united the pur- 
suits of agriculture with the practice of the law', a thing not unusual 
with the country lawyers of Virginia and the other southern states. 
In 1825 he was elected, with the late Governor Giles, to represent the 
county of Amelia in the legislature, for the express purpose of oppo- 
sing the call of a convention to alter the then constitution of Virginia, 
which, with the aid of others, they succeeded in preventing at that time. 



86 DISTINGUISHED AMERICAN LAWYERS. 

He served for the next two sessions in the legislature, but again volun- 
tarily resigned for the purpose of pursuing his profession. It was dur- 
ing his residence in Amelia that he became involved in a discussion in 
the public papers with the late Wm. H. Fitzhugh, of Fairfax, in rela- 
tion to the American Colonization Society, who was one of the Vice 
Presidents of the Parent Society at Washington, and a most accom- 
plished gentleman and elegant writer. Mr. Nash admitted the philan- 
thropy in which the society originated, but with many others of that 
day, distrusted the success of the enterprise, and feared the influence 
which the indiscreet efforts of its advocates might produce, upon the 
peace and tranquillity of a southern community. Mr. Fitzhugh was its 
unqualified advocate. Mr. Nash wrote under the signature of Caius 
Gracchus, and Mr. Fitzhugh under that of Opimius. Their controversy 
attracted much of the public attention at the time, and was subsequently 
republished by Ralph Randolph Gurley, the resident agent of the 
parent society at Washington, in the African Repository, and again in 
pamphlet form. The publication may be referred to as furnishing speci- 
mens of Mr. Nash's style as a writer, and we refer to it only for that 
purpose ; for we have been informed that subsequently his opinions 
underwent much change upon the subject, and that he is at this time a 
sincere well-wisher of the colony in Liberia, and to the objects of the 
institution generally. In 1830 he sold out his plantation in Amelia, 
and removed to the county of Powhatan, the place of his present 
residence. He had not long been a resident of Powhatan before he 
was again elected to the legislature, in the spring of 1832. He con- 
tinued a member of the House of Delegates until the spring of 1835, 
when he was elected to the Senate of Virginia, of which body he con- 
tinued a member for the next seven years. While a member of the 
Senate he was elected to preside over its deliberations, and acted as 
the speaker for the last three years of his service. In 1842 he volun- 
tarily resigned his office as speaker of the Senate, and member of that 
body, being heartily tired of public life, and the strife and turmoil of 
party politics. 

The period which elapsed from 1832 to 1842, which embraced the 
last term of General Jackson's administration and that of Mr. Van 
Buren, is known to have been one of deep interest and excitement in 
the political history of the country. In 1833, the state of South Caro- 
lina put forth an ordinance of Nullification, which drew from General 
Jackson his famous Proclamation of that day, in which he denounced 
the proceedings of South Carolina as revolutionary in their character, 
and declared the determination of the Federal Government to execute 
its laws by force, if it should become necessary. This proclamation, 
and the Force Bill, which was passed by Congress by a large majority, 
although they had the effect of putting an end to the heresy of Nullifica- 
tion, were regai'dcd by many of the politicians of Virginia, and others, 

as erroneous in principle, and otherwise objectionable ; and being fol- 
lowed, in October of the same year, by the removal of the United 

States deposits from the Bank of the United States, led to a serious 
division among the friends of the administration, and laid the founda- 
tion for the present division of the political parties of the country into 

Whigs and Democrats. Mr. Nash sided upon these questions with 



HON. JOHN W. NASH, OF VIRGINIA. ' 87 

the administr itlon. The doctrine which claims for a single state the 
power to declare a law of Congress void, and to prohibit its execution 
within her limits, at the same time that she remains a member of the 
Union, was too gross an absurdity ever to be admitted by him. He 
attached too high a value to the Union, and understood too well the 
principles of the Federal Constitution, to hesitate a moment in sup- 
port of the principle of the proclamation and the Force Bill, which 
affirmed the constitutional obligation of the President to execute the 
laws of Congress, although resistance thereto might be made under the 
authority of a state. The kindred doctrine, of the right of any state, at 
pleasure, peaceably to secede from the Union, finds no better favor 
with him than the doctrine of Nullification. He believes them to be 
revolutionary in their character, and to belong to that class of moral 
and political rights, the exercise of which can only be justified when 
it is necessary to resist oppression by political revolution. Entertain- 
ing these opinions, and having been through life attached to the demo- 
cratic party of the country, he gave to General Jackson's administra- 
tion, and that of his successor, a cordial support. He is decided in his 
politics. But he was never, either in public or in private life, a 
bigoted, or intolerant partisan, and has often been heard to declare that 
he w'oukl as soon quarrel with his friend for the color of his hair, as he 
would tall out with him for any honest ditlerence of opinion upon the 
subject of politics. 

Hence it is that he numbers now, as he has always done, many of his 
warmest fi'iends among those who differ with him upon party politics. 
And it is perhaps owing to this fact, and the high regard which he has 
for freedom and independence of opinion, on the part of others, that he 
was elected, on one occasion, speaker of the Senate, in a time of high 
party excitement, with a majority of political opponents in that 
body. 

In 1848, Judge Nash was appointed to his present office by the 
Governor of Virginia, which appointment was confirmed at the next 
session of the legislature, without opposition. Since he has been upon 
the bench, he has reviewed much of his early reading, and has dis- 
charged the duties of his office in a manner satisflictory to the public, 
and free from objection from any quarter. In his habits, he is temper- 
ate and industrious, and free from all ostentation, either in dress or 
manners. An utilitarian in principle, he always prefers that which is 
substantial and useful to that which is oulv ornamental. 



88 DISTINGUISHED AMERICAN LAWYERS. 



HON. NATHAN GREEN, 

SENIOR JUDGE OF THE SUPREME COURT OF TENNESSEE. 



Thomas Green, son of a tallow-chandler in London, emigrated to 
this country thirty or forty years before the Revolution, and having 
purchased land in Amelia county, Virginia, and married, cultivated his 
farm with his own hands, assisted by his two sons, the eldest of whom, 
Thomas, was the father of the subject of this notice. 

This Thomas had grown to man's estate at the commencement of 
the war, and was several times in camp in the militia service. About 
the end of the struggle he married Nancy, daughter of William Wood, 
a highly respectable planter of the neighboi'hood, who, on her marriage, 
received from her father a small patrimony, consisting of a negro or 
two, and some household goods ; and her husband, having made a 
little money, purchased land near their parents, and set himself down 
to pass his life in the innocent and tranquil labors of agriculture. 

This couple were as opposite in character as possible ; while the 
husband was stern, inflexible, and withal excitable, the wife was gentle, 
kind and quiet, and well knew how, with her mild voice and beseech- 
ing look, to avert her husband's wrath, when burning hottest against 
any luckless offender in the family circle. She ruled his passionate 
nature by the law of kindness; and, in the quiet seclusion of their 
rural home, their lives glided along without a cloud to cast a shadow 
upon their happiness. He was industrious and economical, but not 
parsimonious. While, therefore, he would not brook an idler about 
him, either child or servant, nor suffer waste of anything, yet he pro- 
vided bountifully for his family, lived generously, and, with his gentle 
wife at the head of his table, exemplified Virginia hospitality in its 
best sense. He did not grow rich, but kept out of debt, and acquired 
an ample competence. 

The first child of this marriage was a daughter, who died in early 
life. She was succeeded by eight sons, all of whom, except the eldest, 
survived their father. The youngest but one of these children, 
Nathan, born May 16, 1792, is the subject of this article. 

According to the rigid scheme of our sturdy fathers, he was put to 
work on the farm as soon as he could wield a hoe, or steadily hold the 
handles of the plow. In this respect he fared like the young negroes; 
their work was his work, and his holidays M'cre theirs. The only dif- 
ference then made between the children and young servants was, that 
the children, for two or three months in the winter, were sent to the 
neighboring "old field school," there to be initiated in the mysteries of 
reading, writing and ciphering ; but to be recalled to the farm as soon 
as the winter was broken, and the genial sun of spring had prepared 
the ground for tillage again. 

His father, though a man of strong natural abilities, and intelligent 
in the practical business of life, and, therefore, influential in his neigh- 
borhood, had had but three months schooling at most ; and his mother. 



HON. NATHAN GREEN, OF TENNESSEE. 89 

being only able to read intelligibly and write legibly, could aid but 
little in the mental culture of her children, had she been less than she 
was absorbed in the routine of domestic duties. They had, therefore, 
neither books, book learning, nor taste for either ; and consequently, 
the old field school, and that only in winter, was young Green's sole 
seminary of learning. The candidates for employment in these primi- 
tive academies, knowing that penmanship was the sole test of scholar- 
ship with their rustic employers, drew up their terms in their best 
handwriting, and presented that with greater or less confidence accord- 
ing to its excellence, as evidence of their qualifications for the- office 
sought. But however superior the chirography might be, the applicant 
was sure to be rejected, if his charges exceeded five or six dollars a scholar 
per year. Ten dollars was deemed an exorbitant charge for a teacher 
capable of giving instruction in English grammar ; and, of course, able 
instructors were out of the question in these schools. 

As in thousands of other instances with which the world is familiar, 
obstacles only sharpened the edge of young Green's resolution and emu- 
lation to be the foremost scholar in the humble elements to which his 
career seemed to bedimited. His keenness in this pursuit earned him a 
sound drubbing from Tommy Ray, his first teacher, although he was a 
gay, genial, good-natured bachelor of fifty, and, therefore, not likely to 
take offence, especially at a poor boy struggling for eminence. 

The fashions in these schools was, to have every pupil recite his 
lessons separately, so that there were as many recitations as there were 
pupils. The boy or girl considered by the teacher the most advanced 
in knowledge, was the head scholar, and so on down to the one who 
knew least, who was foot. Dick Pincham and Nathan Green matricu- 
lated in Tommy Kay's academy on the same day, and neither of them 
knew a letter in the alphabet. Neither of them, therefore, was foot, 
and neither had a right to recite first. Both considered it a disgrace to 
be foot, and neither was a candidate for the post. Tommy would not 
decide between them until one had shown his pre-eminence in scholar- 
ship ; and while this was undecided, whichever recited first was head, 
and his discomfited adversary was foot. There was in the school-house 
a small three-legged stool, the fortunate possessor of which was sure 
to succeed in anticipating his rival. Here was a genuine dyoiv produced 
between Nathan and Dick for priority in getting and keeping this 
tripod. One day Nathan had mounted it, and was waiting securely for 
his triumph and chaplet of laurel, watching the close of the pending re- 
citation, ready to spring up and begin on the instant. At this critical mo- 
ment, Paschal Green, his elder brother, quietly took hold of the leg of his 
stool, and suddenly jerked it from under him, and he fell prostrate on 
the ground. Eecovering, he saw Dick by the master's side in full pos- 
session of the prize. He instantly turned upon the mischievous cause 
of his misfortune, and began pommeling him soundly. Tommy's pro- 
vince being thus openly invaded, he administered to Nathan instant and 
condign punishment for his usurpation. 

Jack Miller, a schoolmate, told him, when about twelve years old, 
that his father intended to send him to school seven years. Nathan's 
eyes filled with tears, and he said to Jack, "If my fiither will not send 
me to school, I'll v/ork for money when I become a man, and then go to 



90 



DISTINGUISHED AMERICAN LAWYERS. 



school ;" for it struck his tender mind, that knowledge was aliove all 
price, and preferable to every other good. There were no books in his 
fiither's house but the Bible, a History of Rome, the Romance of Sir 
Guy of Warwick, and such school-books as Scott's Lessons, the English 
Reader, <SiC. These he read and read again, till he had committed large 
portions of their contents to memory. This was all his reading at the 
age of seventeen, when his father died : at which time, — his mother hav- 
ing died two years before, — he became the ward of an uncle, on whom 
he prevailed to permit him to go to a classical academy, taught near 
Prince Edward Court-house, by a gentleman named McRobert, one of 
the best classical teachers in Virginia. 

Here he became acquainted with Mary Field, a step-daughter of his 
teacher, by whose attractive person and amiable disposition he was en- 
chanted. He had been brought up in a secluded neighborhood, twenty 
miles from the Court-house of the county, among a rustic population — 
had mingled but little in female society, and was, therefore, shy and 
awkward, as well as susceptible. Under these circumstances, he might, 
doubtless, have been captivated by a lady much less attractive than 
Mary Field. As their acquaintance increased, a mutual attachment 
grew up, and a union with her became the absorbing topic of his thoughts. 
He now resolved to be married ; and on the small farm he had inherited, 
to follow in the footsteps of his father, and earn his bread by tilling the 
ground. Thus was the instinctive yearning for knowledge, the sure 
index of superior natural parts, smothered, for the time, by the great 
human passion which painted, in his imagination, an Arcadian picture of 
connubial happiness, in quiet seclusion, far from the toils and honors of 
ambition. 

But, at this juncture, a brother of his preceptor, a retired lawyer of 
considerable distinction, proposed to him to study law in his office. 
Hitherto he had never contemplated such a plan of life. Lawyers and 
judges were considered by his simple-minded neighbors as moving far 
above them in a sphere of their own, and were looked upon with rever- 
ence and awe. He was, therefore, much surprised by Mr. McRobert's 
proposition, and still more when he obviated the objection that the ex- 
pense would be beyond his slender means, by proposing that he should 
teach his children as compensation for his board and the use of his 
books. 

Thus flattered, he began now to have higher aspirations, and his 
doubts and hesitation easily gave way when Mary Field warmly advo- 
cated the proposal, and urged that he would thus be introduced into 
the same circle as her own family, of whom, two were physicians and 
another a lawyer. But being only twenty years of age, his uncle's con- 
sent must be obtained before he could accept the gratifying proposal of 
Mr. McRobert. This uncle and guardian being a grave man of sixty- 
five, possessing considerable property and influence in his neighbor- 
hood, was held in reverential fear by the nephew, who, after having 
gone to his house for the purpose, and waited for an opportunity when 
none of the family were present, with undisguised timidity made 
known that Mr. McRobert had proposed that he should study law. The 
old man looked him full in the face, with much apparent astonishment, 
and said — "Proposed what?" Nathan repeated what he had said still 



HON. NATHAN GREEN, OF TENNESSEE. QJ, 

more timidly ; whereat the old man's habitual gravity gave way, and 
he indulged, for once, in a hearty laugh, which he repeated when he 
tried, seeing Nathan's chagrin, to inquire seriously into the case. After 
awhile he recovered himself, and without difficulty gave his consent 
that his ward should become a lawyer if he had the temerity to aim so 
high. 

Accordingly, in the winter of 1811-12, he commenced the study of 
law with Theodorick B. McRobert, whose death, in the autumn of 
1812, deprived our student of his valuable aid, and threw him again on 
his own resources. Having now made, however, considerable progress, 
and become committed to a course along which he was urged by incli- 
nation and ambition, he immediately engaged with Richard N. Venable, 
an eminent lawyer then at the bar, to continue the study, paying him 
for board and instruction one hundred and fifty dollars per annum. 
His time being wholly at his own disposal, he devoted himself unre- 
mittingly to his books, and in the judgment of his instructor, was pre- 
pared to ask for license when he attained his majority, on the 16th 
May, 1813. 

But, under the acts of Congress of February and April, 1812, passed 
in anticipation of the war with England, authorizing the Pi-esident to 
organize and accept the services of volunteers, he was one of a hundred 
young men of Prince Edward county who had offered their services. 
This company, in the summer of 1813, was ordered to Richmond to 
repel an attack on that place, then apparently threatened by the British 
vessels in the Chesapeake. At the end of the second day's march the 
order to advance was countermanded ; the enemy's vessels having, 
after ascending a considerable distance, dropped down the river to their 
original station. 

This order to repair to Richmond was given on the 3d of July, and 
on the next day the march was commenced. The suddenness of this 
movement, and the expectation of an immediate battle, took- Mary 
Field by surprise, and she was unable to conceal the interest she felt 
in our student ; so that, by the time the company returned, their en- 
gagement had become notorious, and they were annoyed by the gossip 
that immediately ensued. They soon, however, put an end to this, for 
they were married on the 24th of July, 1813. 

The married couple spent the rest of the year in visiting among 
their friends, but their happiness was grievously marred by an order 
in December to the Prince Edward volunteers to organize again and 
march, this time, to Norfolk. The young husband was sorely tempted 
to employ a substitute ; but public opinion declaring against it, and not 
being exactly satisfied with the morality of putting another in the dan- 
gerous place which he had voluntarily chosen, he at last decided to 
march with his company. The men of the mountains, accustomed to 
pure air and much active exercise, when cooped up in forts or fortified 
camps, in the heavy atmosphere of Norfolk, fell by thousands under 
attacks of malignant measles and other camp diseases. Our young 
lawyer suffered a violent attack of the epidemic, and barely escaped 
with his life ; but he did escape, and rejoined his wife in April, 1814. 

In the beginning of 1815 he obtained license, ai>d commenced at- 
tending the county and circuit courts of Prince Edward, Buckingham, 



93 DISTINGUISHED AMERICAN LAWYERS. 

Cumberland and Amelia counties. At all these courts there were able 
lawyers of established reputation ; and against such competitors young 
men arc not apt to be pitted even by their friends. A painful proba- 
tion, therefore, in the beginning of the professional career, is the invari- 
ble experience of every generation of lawyers, and our subject had his 
share of this bitter fruit. By the end of the first year, however, he 
had a few cases on the dockets awaiting their turn for trial before juries. 
But the hour when he should be compelled to try one of these cases, 
seemed to him fraught with fate, and he shrunk with instinctive terror 
from the thought. No philosophy, nothing but dire necessity, could 
ever have manned him to the effort, which he knew he must make, or 
abandon the pursuit which he had chosen, it seemed to him now, with 
more temerity than judgment. At last, in Amelia Circuit Court, his 
first case was ready for trial, and he was the plaintiflT's only reliance. 
It was an action of assumpsit, and the plaintiff's account was disputed, 
and the defendant had a set-off, which was also disputed, and the whole 
matter depended upon the judgment of the jury upon the conflicting 
proof It was impossible, therefore, to make any previous preparation ; 
the fixcts must be, at once, discussed extemporaneously. While the 
defendant's witnesses were giving their testimony, he conned over an 
exordium, hoping that, getting a start, he should be able to continue 
with ease and fluency — for he understood the facts very well. But he 
was mistaken, for as soon as he had uttered his previously prepared 
sentences, his mind became confused, and he found himself at a dead 
pause without a word at command. He saw dimly a dozen lawyers, 
some of the most eminent in Virginia, looking on ; and, though the 
judge seemed not to notice his embarrassment, he thought he perceived 
that some of the jury, who were his friends, hung down their heads. 
Perfect silence reigned in the court-house, and his distress was 
exquisite ; his knees trembled, and he supported himself with difficulty 
by leaning against the bar, while his head became dizzy and his vision 
indistinct — obstacles apparently nearly insurmountable, by any effort of 
the will, to regain possession of his faculties. 

He did not sit down, however, for he thought if he yielded to his em- 
barrassment, this trial would be his last at speech-making, and he should 
never more have utterance. Therefore, he blundered along incoherently 
for a time ; but by degrees his vision returned ; he attained some degree 
of self-possession, went through his argument quite unsatisfactory to 
himself, and at last sat down, heartily ashamed of the judgment, wliich 
he thought must be pronounced upon his debut. The keen sense of his 
almost failure, as he deemed it, was a little relieved, when William S. 
Archer kindly assured him, that though he was greatly alarmed, his 
speech was, nevertheless, to the point, and by no means contemptible. 

In 1817 he removed to Tennessee, and in December settled in Win- 
chester, where he opened a law office ; and, as many of the people of 
the county were Virginians, they soon gave him employment. The 
first case in which he appeared was a dispute about opening a road. 
These local disputes, insignificant as they are in themselves, are often 
carried on with great vivacity : and to such a degree was that the case, 
in this instance, that the whole bar was employed against Mr. Green's 
client, who resisted the opening of the road, against the wishes of all 



HON. NATHAN GREEN, OF TENNESSEE. 93 

his neighbors. lu the beginning of his reply, on this occasion, to the 
first spealier, he showed signs of that embarrassment which he was 
never fully able to overcome when he spoke before strangers ; but this 
feeling soon gave way to a stronger passion, when he saw the smiles 
and winks of his adversaries, and perceived, from their frequent inter- 
ruptions, they meant to laugh him and his client out of court. He sus- 
pended his argument to inform the bench of justices, that if they could 
not protect him from these irregular annoyances, he would find means 
to do it himself, and warned the chief offender among his opponents 
that he would not suffer another interruption. He then proceeded un- 
molested to argue his case with so much cogency and spirit, that the 
court, without difficulty, refused to open the road, to the great joy of 
his client and chagrin of the applicants. 

After this, he had his full share of employment. The speech had 
done something to give him reputation, but his decided treatment of 
the impertinence of the opposing lawyers did more. In those times, 
and in that locality especially, the country being a new one, a readiness 
to support his cause by battle was as needful to a lawyer's popularity, 
as the ability to argue it with force and fluency. 

He was now in a fair way to acquire both fortune and reputation by 
his professional exertions. . But this pleasing prospect was, for a time, 
sadly clouded by his falling a victim to the fatal allurements of the 
gaming table — the besetting sin of the lawyers in Tennessee at that 
period. So completely had he been guarded in his early education 
from this vice, that, at his marriage, he did not even know the names 
of the cards, and was utterly ignorant of the games. And in his first 
associations with the lawyers here, he altogether abstained from play, 
and was never invited to join their parties. 

But in the beginning of 1820, having been often thrown into the 
company of three very agreeable persons, he was prevailed with to 
make a hand at whist for amusement. A growing fondness for this 
pastime, instead of warning him to abstain, only led him to engage 
more frequently in play. At length a member of the bar, of good 
connections and agreeable manners, came into the circuit, and under 
the semblance of a passion for whist, concealed his true character, that 
of an accomplished professional gambler. By him Mr. Green was 
seduced into games of a different character, and finally to bet, and 
being allowed many times to win, was at last fleeced of fifty dollars. 
He now began to pursue his lost money, supposing the " luck" would 
turn, and the cards be at last more propitious. As his losses became 
greater and greater, his love of play became a maniii, till at last he was 
never at ease unless engaged at play, and fi-equently for enormous 
stakes. This continued about three years. His business of course 
fell off, for it was shamefully neglected. He ceased altogether to read 
anything except newspapers, and a paragraph now and then in a law 
book, and was thus plunging along the downward road to ruin. 

In the midst of this abandonment, he played one night till 2 o'clock, 
and on returning, at that hour, to his own house, there was a light in 
his wife's chamber : through the window he saw her sitting near a 
table, on which lay open a Bible he had given her ; her eyes were 
turned Co heaven, and tears were trickling down her cheeks. The spell 



94 DISTINGUISHED AMERICAN LAWYERS. 

was broken. That picture of distress and pious intercession filled him 
with remorse. He detested himself and his companions in guilt, and 
loathed the unholy employment that had been the means of so much 
woe. lie could not meet those tears and that expression of grief, 
and he made a noise to warn her of his approach. When he entered 
the room, the Bible was laid aside, his wife's tears were wiped away, 
she nict him with a smile, and said, " 1 knew you would be exhausted, 
and have kept some refreshments warm for you." Unable to utter a 
word, he sat down, and mechanically took the proffered cup, but could 
swallow nothing, for he was choked by the strength of his emotions. 
He rose and took her hand, and, disclosing the utter juin to which he 
had reduced her, solemnly avowed to abandon at once and forever his 
guilty course. She assured him that she gave up their property with- 
out a struggle, so that*her husband was saved. 

He played no more. In three years he had lost ten thousand dol- 
lars, equal to the value of all he possessed. A large portion of this 
sum remained a debt against him in bank, for he had borrowed the 
money to pay his losses. This was in 1824. 

He now devoted himself to his professional pursuits ; his returning 
attention to business brought clients to his office, and in a short time 
his practice was second to that of no lawyer in the circuit. By this 
time he had five children, and feeling that their education and sup- 
port depended entirely on his exertions, he gave himself uninterrupted- 
ly to his profession. He was realizing enough for their wants, and 
trusting in that good Providence, that had not deserted him in his 
wickedness, he was happy in the bosom of his family, and in the ap- 
proval of a guiltless conscience. 

Soon after his happy deliverance from the fatal enchantment of the 
gaming-table, his thoughts took a religious turn ; and having casually 
heard a sermon on the subject of the " Depravity of Human Nature," 
the topics of the discourse, and of a subsequent discussion with the 
preacher, fastened themselves upon his mind, and were constantly re- 
curring to his thoughts, and led him, as it were irresistibly, to a serious 
exaniination of the subject, and an honest scrutiny of his own conduct 
and motives. This examination was kept up, with intense and growing 
interest, for several months, and resulted in a firm conviction of the truth 
of the doctrines of the Bible, in the sense of their obvious import, and 
in a determined puipose to submit to its teachings, and to be guided 
by its precepts. 

Having these views, he deemed it his duty to show them publicly, 
which he did, by becoming a member of the Cumberland Prcsbyteiian 
Church, in November, 1824. He has remained in that communion ever 
since, convinced that a sincere and consistent life of religious duty is 
the only means of enjoying ti'ue and unalloyed happiness ourselves, 
and of engaging us earnestly to labor for the happiness of others. 

He sat for the counties of Franklin and Warren, in the Senate of the 
State Legislature, in thesessicni of 1827. The angry feelings produced 
in Teiuiessee ])y the election of Mr. Adams to the Presidency, had not 
then subsided; and when Mr. Brown's resolutions, denouncing Mr. 
Clay's motives for voting against Gen. Jjickson, came on to he deliated, 
Mr. Green, though he had not been consulted in the preparation of the 



HON. NATHAN GREEN, OF TENNESSEE. 95 

resolutions, was selected as theii* Icaclino; advocate. His speech in reply 
to Col. Williams, was the only one delivered in the Senate in favor of 
the resolutions, except a few observations, upon an incidental question, 
from Mr. Brown. The facts set forth in the resolutions were believed 
by their advocates, for Mr. Clay's defence had not then appeared ; nor 
had his statement to Gen. La Fayette, Mr. Crittenden and others, that, 
in case of an issue between Gen. Jackson and Mr. Adams, he would 
vote for the latter, been made public. But Mr. Green, in common with 
most, if not all others who then acted with him, has long ago been 
satisfied of the great injustice done Mr. Clay and Mr. Adams, at that 
period; and, for himself, has vindicated the candor and manliness of 
his character by publicly avowing, in a letter published in the Nashville 
Whig, in 1843, the change in his opinions. 

There was nothing in the affairs of the state to distinguish that ses- 
sion of the legislature from others; but we owe to Mr. Green's intelli- 
gence several wholesome laws, which still remain on the statute-book, 
notwithstanding the proneness to change, which so much distinguishes 
state legislation. Among these laws are, the act requiring costs in 
criminal cases to be paid out of the state treasury ; the motive to 
which was, that the counties had become almost bankrupt by the bur- 
den of these costs ; the act regulating the sale of real estates to pay the 
debts of deceased persons, when the personalty is insufficient, and 
authorizing courts of chancery to decree the sale of such estates for 
partition ; and the act appropriating one-half the capital of the State 
Bank to the common school fund, which was the first important grant 
towards that fund. 

At this session the law vesting chancery jurisdiction in the judges of 
the Supreme Court was repealed, and instead, a separate Chancery 
Court was established, and the state divided into two chancery divi- 
sions, denominated the eastern and wt^stern, in which courts M'ere to 
be held by the two chancellors, to be elected by the General Assembly. 
At the close of the session, Mr. Green was appointed Chancellor of the 
Eastern Division, into which he fell, though his residence was west of 
the mountains which separate East and West Tennessee. This point 
of residence, in reference to the distribution of officers in Tennessee, is 
the source of no little heart-burning; and, on this occasion, there 
were bitter complaints that East Tennessee was treated as a 
colony, and a stranger from west of the mountains was sent to preside 
in her courts. 

Col. Williams addressed a circular letter to his constituents, censuring 
the conduct of the legislature in the election of the new chancellor, but 
expressing his hope, that his decrees would be free fi'om any bias, due to 
the suspicious circumstances, as he styled them, that attended his election. 
A fortunate delay of a few days in the reply which the chancellor was 
meditating, brought to him letters from James Campbell, Gen. Smith, 
Col. Bi'adford, and Thomas H. Fletcher, all members of the legislature, 
except the last, in which his conduct in the transaction was set forth 
and f u 11 y V i n d i cate d . 

In May, 1828, he held his first court in Rogersville ; where, meet- 
ina Col. Williams, he took occasion to hand him those letters. He 
read them, and with characteristic frankness, returned them, accompa- 



96 DISTINGUISHED AMERICAN LAWYERS. 

nied by a written acknowledgment of the wrong he had done him in 
his circular, and authorizing him to use the paper as he might deem 
proper. But, as Col. Williams was then engaged in a warm political 
controversy, in which this paper would have been an additional ground 
of assault for his adversaries, the chancellor never gave it any publicity : 
and had reason afterwards to believe that his motives were duly ap- 
preciated, as Col. W. ever afterwards, during his life, treated him, on 
all occasions, with marked kindness and respect. 

At this period, the business of the Supreme Court had greatly accu- 
mulated, and at the session of 1831-2, Judge Catron, then on that 
bench, resigned, declaring that with the existing judicial force the busi- 
ness in court could not be dispatched in ten years. The legislature, 
upon this appeal, passed the law adding a fourth judge to the Bench of 
the Supreme Court. To this post Chancellor Green was transferred ; 
and he continued in this service until the session of 1835, when the 
government of the state was re-organized under the amended constitu- 
tion. The number of the judges of the Supreme Court was now again 
reduced to three, to hold their offices for twelve years, and to reside re- 
spectively in East, Middle, and West Tennessee. Judge Catron, now 
associate justice of the Supreme Court of the United States, and Judge 
Green, were competitors for the Middle Tennessee judgeship, and the 
choice, by a considerable majority, fell upon the latter. At the termi- 
nation of his first term, in 1847, he was re-elected, without opposition, 
for another term of twelve years. 

The foregoing narrative, though hastily drawn up amidst interrup- 
tions of all kinds, will be found sufficient, it is hoped, to satisfy the 
curiosity of the Bar, in reference to this judge. He is an honest, frank, 
conscientious and religious man ; a lover of all good men, and so well 
acquainted with the weakness and imperfections of our nature, as to 
melt with pity for the faults and crimes which he is summoned as a 
magistrate to repress and punish. 

He is well versed in the principles of jurisprudence ; in writing his 
opinions, his ideas flow from his pen in a cleai", easy and unaftected 
style; seldom, if ever, leaving the mind in any doubt of the meaning 
which he is attempting to convey. 

The patient and fixed attention which he habitually bestows upon the 
cause on hearing, joined to a singularly susceptible and retentive mem- 
ory, is the secret of the almost miraculous accuracy and minuteness 
with which his mind l)ears off the longest and most complicated record, 
at a single reading. This enviable power belongs to the fewest of mor- 
tals. It is the infallible sign of a quick and ready wit ; and he who 
possesses it in an eminent degree, can neither fail to be a great lawyer 
nor to be distinguished in any pursuit, where extraordinary intellectual 
vigor is the basis of success. 



HON. ROBERT STRANGE, OF NORTH CAROLINA. 97 

HON. ROBERT STRANGE, 

OF FAYBTTEVILLE, NORTH-CAROLINA. 



The subject of this biographical sketch is principally of Scotch, but 
partially of English descent. His maternal grandfather, James French, 
emigrated from Scotland, and settled in Dinwiddle county, Virginia, 
many years prior to the revolution, and married into an English 
family. He was a whig and a patriot. He suffered much from British 
aggression and Tory violence, but lived to rejoice at the sacrifices he 
had made. 

His paternal grandfather lived and died in the city of Glasgow, 
Scotland, leaving a large posterity, many of whom still adorn the va- 
rious pursuits and walks of life, honorably discharging important trusts, 
and filling with distinction places of honor in that flourishing city. 

His father, James Strange, was educated for a physician, and was 
graduated at the University of Edinburgh. Upon obtaining his di- 
ploma, he sailed for the United States, and entered the Chesapeake 
Bay in 1783, in the first vessel that arrived there showing British colors 
after the close of the Revolutionary War. On his arrival in Virginia, 
he sought out Mr. French, his maternal uncle, and upon consultation 
with him, he resolved to abandon the practice of medicine, and em- 
bark in mercantile pursuits, in which he thought he could benefit and 
be benefited by his friends in Great Britain. Mr. French became 
his partner, and they opened an establishment in Petersburg, and for 
several years carried on an extensive and very lucrative business, dur- 
ing which time Mr. Strange married Nancy, the daughter of his part- 
ner, Mr. French. From Petersburg, Mr. Strange removed to Man- 
chester, where his first child, Robert, the subject of this memoir, was 
born, September 20th, 1796. About this time he purchased and in- 
habited a handsome residence in the neighborhood of Manchester, 
called " Buck Hill," from whence he removed to the city of Richmond, 
and embarked largely in the tobacco trade and other mercantile pur- 
suits. In 1801, on winding up his business, he ascertained that he 
could afford to retire on the profits of his mercantile career. This he 
determined to do in his native land. With him to will was to exe- 
cute, and in the same year he sailed for Europe, taking with him his 
wife and Robert, and their only other child, James French. 

After a visit to Glasgow, he went to Liverpool, and continued his 
speculations in tobacco, but these proving disastrous, he abandoned 
business, and again returned to Glasgow. While here, his youngest 
child, James French, died. 

His failure in Liverpool had determined him again to try his for- 
tunes in the United States. In 1803 he sailed for this country with 
his wife and surviving son, Robert. On the passage Mrs. Strange 
died, leaving her husband and only child, Robert, the memory of her 
worth and many virtues, to remind them of the treasure they had 
lost. 

Mr. Strange recommenced business in Petersburg, was again suc- 

7 



98 DISTINGUISHED AMERICAJf LAWYERS. 

cessful, and notwithstanding heavy losses sustained in 1808, he was 
still in easy circumstances. He died on the 14 th day of May, 1809, 
leaving a widow of a second marriage, and Robert, an only and an 
orphan child. 

During the residence of his father in Scotland, Robert, m his seventh 
year, was sent to a school in Glasgow, taught by a Mr. Angus. On 
his return to Petersburg, being then about eight years old, his father 
sent him to a school in Lunenburg county, Virginia, kept by the Rev. 
John Cameron, a distinguished clergyman of the Episcopal Church, 
and father of the Hon. Duncan Cameron, of Raleigh, North Carolina. 
At this school he remained about two years, and thence returned to 
Petersburg, where, for a short time, he attended the school of the 
Rev. Andrew Syme, who was from time to time teacher of nearly all 
the young males and females about Petersburg. About this time 
Mr. Strange purchased a country seat in Rockbridge county, within 
two miles of the natural bridge, where the family spent their sum- 
mers. It was in the vicinity of Rural Valley Grammar School, kept 
by the Rev. Samuel Houston, a Presbyterian clergyman, uncle of 
General Samuel Houston, United States Senator from Texas. This 
school Robert attended until 1810, when he was removed to New- 
Oxford Academy by William French, Esq., late of Norfolk, his uncle 
and guardian, who treated him through life with the affection of a 
father. 

New-Oxford Academy was situated near the half-way house be- 
tween Richmond and Petersbui-g, and was taught by Jonathan Smith, 
under whose tuition Robert remained for about one year. Being now 
about fifteen years of age, and prepared for college, he entered Hamp- 
den Sydney College in 1811. The Rev. Dr. Hoge was then Presi- 
dent of this institution. Here he remained one year, and then went to 
Washington College, Lexington, Virginia, where he remained another 
year. He returned to Mr. Houston, and under his guidance devoted 
nearly a year to polite and general literature, laying the foundation of 
that belles-lettres learning for which he has been so distinguished 
through life. As early as his tenth year he evinced a fondness for 
writing, and up to his eighteenth much of his time was spent in the 
composition of novelettes, essays, poetry, and fugitive pieces on va- 
rious subjects, some of which are still extant, and foreshadow the 
future character of his mind. The pleasure of writing was with him 
the great inducement ; for once written, he cared but little what be- 
came of his productions. At this period of his life he had a strong 
desire to devote himself wholly to literature as a profession, and trust 
to the precarious profits and honors he might win by his pen. But 
more prudent counsel prevailed, and he was persuaded to apply him- 
self to the study of that profession he has so long and so ably adorned. 

On the first day of April, 1814, he commenced reading law in the 
office of the Hon. Benjamin Watkins Leigh, in the town of Petersburg, 
hi a few months afterward, Mr. Leigh removed to the city of Rich- 
mond. But the reciprocal ties of veneration and esteem were too 
strong to be severed by slight causes, and the student followed his pre- 
ceptor to his new home, eager to master the principles of that science 
he was one day so beautifully to enforce and clearly expound. He re- 



HON. ROBERT STRANGE, OF NORTH CAROLINA. 99 

mained in Mr. Leigh's office about six months. During this time, the 
citizens of Richmond dreaded an attack from the British, Volunteer 
companies were formed, citizens were armed, and the quiet capital of the 
Old Dominion seemed suddenly converted into a garrisoned town. It 
was not in the nature of the young law-student to resist the excitement 
of such scenes. At the first tap of the drum, Blackstone and Coke 
were deserted. Unknown, and too young to be entitled to a sword, he 
grasped a musket, and planted himself as a common soldier in the 
ranks of a volunteer company, where he cheerfully submitted to every 
drudgery and privation, feeling honored at being deemed old enough 
to be trusted in that position, where, if necessary, he could strike for 
the stars and stripes, and the capital of his native state. The threatened 
invasion was withdrawn ; the heights of Richmond again assumed the ap- 
pearance of peace, and the young soldier reluctlantly betook himself to 
his books. - 

About this time he returned to Petersburg, and pursued his law 
studies with the Hon. John F. May, a distant relation. Mr, May and 
Mr. Leigh both treated their young student with much kindness and 
attention — who, ever after, retained for them the highest sense of grati- 
tude and esteem. Whilst studying with Mr. May, his military ardor 
was again excited at an expected invasion of his country. 

He again abandoned his studies, and aided in raising in Petersburg 
a company of juvenile volunteers, from 14 to 17 years of age. He 
was elected captain of this company, and tendered its services to the 
state. The Governor, after some delay, respectfully declined accept- 
ing the company ; but the proud bearing and military enthusiasm of 
the youthful captain was too striking to pass unobserved, and the Gov- 
ernor tendered him a Brevet commission of Lieutenant, in an artillery 
company, then in the service of the state. The commission was 
cheerfully accepted, and the student once more became the soldier, and 
performed a three months' tour of duty, encamped at Petersburg, and 
Camp Powell's Creek, During his term of service, he devoted his 
leisure hours to the acquisition of military knowledge, and discharged 
the duties of his station in a manner that gained the approbation and 
esteem of his superior officers — whilst he was a great favorite with, and 
possessed the entire confidence of the rank and hie ; and foi* the gi'eater 
part of the time, a concurrence of circumstances placed him in the 
actual command of the company. During the war, he kept in rhyme, 
a record of all the principal battles of the country, by sea and land. 
This record he still retains as a memento of past hopes and fears, en- 
tertained in his country's behalf, at a time when he yielded to her his 
best services, as he oftentimes since has done, in more exalted stations. 

At length his friend, Mr. May, informed him that he thought him 
qualified to commence practice in the inferior courts, but that by the 
law of Virginia, it was necessary to procure a certificate from the 
county court that he was twenty-one years of age. As he was not now 
quite 19, this could not be obtained ; but to while the intervening 
time away, it was suggested that he might go to North Carolina, where, 
probably, no inquiry would be made of his age — obtain license, and 
practice law in that state. Eager to enter upon the great theatre of 
life, he at once caught at the suggestion. In June, 1815, he came to 



100 DISTINGUISHED AMERICAN LAWYERS. 

North Carolina, and, under the patronage of the late distinguished 
lawyers, Peter Brown and the Hon. Henry Sewall, he applied for, and 
obtained license from Judges Taylor and Sewall to practice law in the 
county courts. At the suggestion of Judge Ruffin, who kindly took an 
interest in his welfare, he opened a law office in the town of Tayette- 
ville, county of Cumberland, N. C, intending to return to Petersburg 
when he attained the age of twenty-one. In the meantime, he became 
acquainted with Miss Jane R. Kirkland fourth daughter of William 
Kirkland, Esq., whose eldest daughter had been married in 1809 to the 
present distinguished Chief Justice of North Carolina. The acquaint- 
ance between him and Miss Kirkland, ripened into feelings of the most 
unbounded affection, on his part; which, in due time, were fully recip- 
rocated by one of North Carolina's loveliest daughters. They were 
married on October 1st, 1817, which event determined him at once to 
become a permanent citizen of North Carolina. 

The leading lawyers at the Fayetteville bar, at the time Mr. Strange 
settled there, were General Davis, Colin Shaw, Louis D. Henry, and 
Alexander McMillan. The records of the several courts in Cumber- 
land county show that each of these gentlemen had a heavy practice, 
but all of them have paid the debt of nature ; not one of the little band 
survives, and the young Virginian of 1815 is the father of the Fayette- 
ville bar in 1852. That he may long continue to be so, I know is 
the fervent prayer of every one of its noble-hearted, high-minded 
members. 

Like all other distinguished men, he, too, had his first case. Sampson 
county had the honor of affording him that, at August term, 1815. 
There was nothing remarkable in this case, save and except that it gave 
him his first fee ; and in the blush of youthful modesty he took his 
client behind the court-house door to make the change. His maiden 
speech was then and there made, but he has oftentimes been heard to 
say, that though he spoke to the jury, yet he never saw them, and took 
his seat supposing he had spoken an hour, when it was only a few 
minutes. At September term, 1815, the appearance docket of Cumber- 
land county court has one case interesting only, because it is the first 
appearance where Strange's name is marked. It is an action on the 
c-ase, Asa Beebie v. Archibald McLaughlin. Strange appeared for 
McLaughlin, who is yet alive, and still rejoices in his young lawyer's 
success. There is no other appearance marked for him until June, 
1816, when he had three cases — at September 5 — at March, 1817, 35 
— at March, 1819, 128 — June, 106, September, 101, December, 106. 
This simple statement from the record shows that he was now fairly 
afloat, and if he failed, it would be his own fault. The appearance 
docket shows the further fact, that dui-ing the latter years named, he 
instituted or pleaded for the defendants to about half of all the suits on 
the docket, while the trial docket bears evidence that he was now fre- 
quently called in, and associated with other counsel in the trial of 
causes before the jury at the trial term. 

We have heard him ascribe much of his early success to the fi-ie'nd- 
ship of John W. Wright, Esq., the present much-esteemed Cashier of 
the Fayetteville branch of tho. Bank of Cape Fear, with whom he has 
lived in intimacy since his first arrival in Fayetteville. This intimacy 



HON. ROBERT STRANGE, OF NORTH CAROLINA. 101 

with Mr. Wright brought to him the kind consideration and patronage 
of the late John Winslow, Esq., who was at that time the most influ- 
ential man in Fayetteville ; and though both of these gentlemen dif- 
fered from Mr. Strange in politics, yet Mr. Winslow, during the brief 
remainder of his life, and Mr. Wright, up to this day, have ever 
evinced a readiness to advance his interests. 

On the 4th July, 1816, Mr. Strange was called upon to pass that 
ordeal which all Americans have to pass M'ho aspire to be denominated 
public speakers. The morning of the fourth dawned ; a large proces- 
sion, composed of the military companies and the citizens, marched to 
the Public Hall. The young orator was under twenty years of age, of 
a fragile and delicate appearance, had lived eleven months in the town, 
and had been honored with four cases, all told. His heart doubtless 
throbbed within him ; the occasion was deemed a crisis in his career. 

If he failed, he felt it might be for ever ; if he succeeded in giving ut- 
terance to the emotions of his own heart, he felt that all would be well. 
The orator rose ; his voice was steady, musical, and distinct. He 
recounted our wrongs and sufferings, and pointed to the victories we 
had achieved. Grace of person, and appropriateness of gesture, lent a 
charm to all he said. Peace had just been declared ; animosity towards 
our late foe still rankled in the breasts of his auditory. The orator felt 
inspired by the theme and the marked attention of his hearers. Pie 
touched all the chords of the human heart with a skilful hand. The 
effort was complete ; he had risen an obscure youth : he sat down a dis- 
tinguished orator. 

At the next court the orator had thirteen cases, and the next after 
thirty-five, which is strong evidence of the character he was establishing 
among the citizens of Fayetteville. 

On the 22d day of April, 1816, he was admitted a member of the 
Fayetteville Independent Light Infantry Company, a military corps 
formed on the 23d August, 1793, which is still a pride and honor to the 
town. As a private and as an officer in this company, he was faithful 
in the discharge of all his duties, and in due time reaped a rich reward, 
not only in being elected its major commandant, on the 23d August, 
1823, but the friendships and attachments formed among the members 
of that company were of essential service to him in the closely-con- 
tested elections of 1821-'2-'3 ; and at this day some of his intimate 
associates are his early companions in the ranks of that time-honored 
corps. In 1825, he had the honor of being still in command of the 
company, when it acted as the body-guard of Lafayette on his visit to 
Fayetteville, and was thus brought into an intimate acquaintance with 
that great and good man. When Lafayette visited the Masonic Lodge, 
he found the chief of his body-guard presiding o'er the sons of light. In 
the name of the fraternity, and as master of the lodge, Major Strange 
welcomed the nation's guest within the walls of Phcenix Lodge. To this 
welcome Lafayette made a suitable response. In the ceremonies con- 
nected with the visit and reception of Lafayette, Major Strange acted a 
cohspicuous part, and was assured by the citizens and their guest, that 
not only he, but the company under his command, had acted well in the 
stations assigned them. In 1826, when he was elected Lieutenant- 
Colonel of the Cumberland regiment of militia, he resigned the com- 



102 DISTINGUISHED AMERICAN LAWYERS, 

mand of the company; but the high estimation in which he holds this 
venerable corps, will best appear by an extract from an address he de- 
livered before it on December 4th, 1850 : — 

" Not that I am indifferent to the subject, (of military companies, he 
says,) for in common with most others, I have ever loved 

' The plumed troop, 
The spirit-stirring drum, the ear-piercing fife, 
The royal banner, and all quality : 
Pride, pomp, and circumstance of glorious war.' 

"My heart palpitates with emotions I cannot express at every 
sound of martial music, and swells nigh unto bursting from my bosom 
whenever I look upon the banner of my country. Beneath the flag 
which you now bear, how often in my youth have I indulged strange 
dreams of martial glory one day to be won! And among the proudest 
moments of my life was that in which I marched forth, bearing on my 
shoulders the two epaulettes that marked me as the commander of your 
company. Time since then hath wrought many changes ; but it hath 
not quenched the love of fame that then burned in my bosom, nor the 
pride with which I behold that banner fluttering in the breeze. May it 
continue to wave there in honor as long as one silken thread remains 
of its texture; and when that has perished through the lapse of ages, 
Phoenix-like may another spring from its remains, as a rallying point 
to the youth of our community !" 

In 1818 or '19, he was elected a director in the branch of the Bank of 
Cape Fear, at Fayctteville, and soon after was appointed attorney for 
that institution, which office he held until elected judge, when the Hon. 
John D. Toomer succeeded him. On the removal of Judge Toomer to 
Pittsboro, the office was again tendered to Judge Strange, then at the 
bar; it was accepted, and he still holds it, discharging the duties to the 
satisfaction and pleasure of the directors of the bank. 

In the early period of his life, he devoted much time to the higher 
orders of masonry, and was esteemed among the brightest masons in 
the state. He was elected grand master of the fraternity in North 
Carolina in 1823-'24. He is still a member of Phosnix Lodge, which 
he sometimes visits, much to the gratification of his brethren. 

In 1821, the friends of Mr. Strange brought him forward as a candi- 
date to represent Fayctteville in the House of Commons, in the legis- 
lature of the state. The representative in 1820 was John A. Cameron, 
the son of one of his former teachers. Mr. Cameron had also repre- 
sented the town in 1810-'11-'12 ; but on the breaking out of the war, 
had volunteered, and faithfully served his country as major of the Cum- 
berland regiment. During the war, exposure had brought on an attack of 
paralysis, which very sensibly weakened his powers of elocution ; and, in 
a great measure, disqualified him for a successful practice at the bar. 
But he had won the esteem and confidence of our citizens, many of 
whom he commanded during the war. Mr. Cameron was still a man 
f)f active energetic habits, possessed of a strong intellect and much dig- 
nity of character. He was accordingly again brought forward by his 
friends in opposition to Mr. Strange, in 1821. The contest was fierce 
and violent. The friends of each candidate kept open house for a month 



HON. ROBERT STRANGE, OF NORTH CAROLINA. 103 

before the election, whilst each candidate presided with dignity over the 
hospitalities of his own board. This campaign is still referred to in 
Fayetteville as the climax to which electioneering excitement can be 
carried. At the close of the polls. Strange had a majority of 36 out of 
364 votes polled. The compliment was the more flattering, as the 
federal party had a decided majority in town ; and Strange had early 
in the campaign avowed himself a Republican, and was, therefore, 
indebted to personal popularity and the influence of friends for his 
election. 

The contest was again renewed between him and Mr. Cameron, in 
1822-23, but with less violence, and Strange continued to be elected 
by increasing majorities. So courteous was the bearing of the candi- 
dates towards each other throughout these memorable campaigns, that 
at their close they entertained the highest esteem and regard for each 
other. Mr. Cameron afterwards became Judge of the Territory of 
Florida, but was drowned in the ill-fated steamer Pulaski, in 1838. In 
the legislature Mr. Strange sustained his reputation as an orator, and 
bore a conspicuous part in all the discussions of the day, and had the 
honor to serve on the judiciary committee of which the late John Stanly 
was chairman. 

In 1824 he experienced large pecuniary embarrassments by having 
stood surety for some of his friends. Firm in his integrity, he assumed 
the payment of his debts, and set to work with energy and zeal to effect 
his purpose. His practice in Cumberland and the adjacent counties 
was still large, and his income great. 

In 1826 the leaders of the Fayetteville bar were the Hon. John D. 
Toomer, John D. Eccles, Louis D. Henry and Robert Strange. Sel- 
dom has any bar in this country presented an array of such highly 
gifted, eminent and distinguished lawyers. The period of their zenith 
is still pointed to as the meridian of its lustre and highest fame. 

The writer of this memoir has often heard its subject speak gratefully 
of the kindness received at the hands of these, his associates at the bar, 
and of the pride with which he ranked them among his warmest friends. 

In 1826 Mr. Strange again represented Fayetteville in the House of 
Commons in the legislature of the state. At this session of the legis- 
lature an election came on for two Judges of the Superior Court, one 
to fill the place of Judge Nash, who had resigned, but who is now an 
ornament to the Supreme Court bench, and the other to fill the place 
of Judge Mangum, our. present distinguished senator in Congress, who, 
during the recess of the legislature, had been appointed by the Gover- 
nor and Council to supply the vacancy occasioned by the death of 
Judge Paxton. The legislature voted for both judges at the same 
time — 91 was necessary to a choice. On the first ballot the vote stood 
—Strange, 100; Willie P. Mangum, 75; James Martin, 58; Thomas 
P. Devereux, 39 ; Joseph Picket, 45 ; Robert Burton, 38 ; scattering, 
27. On the third ballot Martin was elected by a vote of 102 to 54 
over Mangum. 

On the 4th of July, 1826, Judge Strange delivered the semi-centen- 
nial oration. It is a masterly production, " and is characterized" (say 
the papers of that day) " by all the eloquence of thought, expression 
and delivery which constitute the finished oration." It was published 



104 DISTINGUISHED AMERICAN LAWYERS. 

at the request of the citizens of Fayetteville, and added much to his 
reputation both as an orator and as a writer. * 

On the bench, Judge Strange was affable and courteous. He presided 
with great impartiality and dignity of manner ; was quick to discern 
points, and prompt to meet and decide them as they rose. It was sel- 
dom that he reserved a point from the jury, and when they retired to 
make up their verdict, they usually knew the case would be decided as 
they found the facts, since the law was already disposed of by the judge. 
If an appeal was craved, it was granted as a matter of course, and the 
appellant knew he could take up for revision the exact points in the 
cause ; for the judge had too much magnanimity in making up a case 
for the Supreme Court, either to fritter^away the points, or to blend 
them with others, as to make counsel doubt the identity of their own 
case. 

In his judgment he was not infallible, and like other judges who have 
presided in our superior courts, he has frequently been reversed upon 
an appeal taken to the Supreme Court. In some of these cases the 
Supreme Court itself was not unanimous ; in others the law is now held 
to be as he adjudged it, either by statute enactments amendatory of 
the law, or by the ruling in more recent cases, where the same principle 
has been involved. In other cases where his judgment has been over- 
ruled, it is generally upon points arising under our statute law. So 
that upon an examination of all the cases decided by Judge Strange, 
during the ten years he presided on the bench, it will be found that he 
rarely violated any of the great principles of the common law or law 
merchant ; on the contrary, it will be seen that he steered close to their 
great landmarks ; and an analysis of his decisions will show, that when 
he erred it was generally from following too closely the common law, 
without adverting to the innovations made to accommodate it to our 
institutions. His errors in most instances may be assigned to the hurry 
of a nisi prius trial at points on the circuit, where authorities could not 
be always had, even if there had been time to consult them. 

Judge Strange's decisions possess one merit greatly to be praised. 
There is no room left to misunderstand what he decides; his points are 
all strong, clear and marked, and expressed in few words. It fell to 
his lot, while on the bench, to decide many causes of great importance, 
but he never shrank from any of the responsibilities of his station, 
whether in the trial of civil or criminal causes. He was extremely 
careful never to usurp the province of the jury ; but when he believed 
the law to be against the plaintiff', he did not hesitate to enter a nonsuit 
and tender an appeal to the Supreme Court. 

An analysis of all the points made before Judge Strange, as reported 
in the North Carolina Supreme Court Reports, would form an interest- 
ing treatise, but would occupy too much space in a memoir of this 
kind. 

He presided with much ability in the trial of the notorious Robert 
Potter, in Granville county, in 1832, for the commission of an offence 
unheard of in the annals of North Carolina criminal law up to that 
time. Potter was a lawyer ; had served in the legislature of the state, 
and in Congress, during one session. On being found guilty of the 
offence by the jury. Judge Strange sentenced him to two years' im- 



HON. ROBERT, STRANGE, OF NORTH CAROLINA. 105 

prisonment, and fined him in the sum of one thousand dollars. Ap- 
peals were made to the judge to remit the imprisonment, but he was 
inexorable. As an evidence of the excitement that attended Potter's 
trial, and the opinion of the citizens of the state upon the sentence of 
the judge, it is proper to state, that the next session of the legis- 
lature made the offence he had been convicted of felony, and punisha- 
ble with death. 

While Judge Strange was presiding in Beaufort Superior Court, in 
1833, two men, brothers, had the audacity to shoot down a man in the 
middle of the street, in broad day, almost in presence of the judge. 
He was conversing with Judge Gaston at the time when the facts were 
announced to him. He immediately issued a precept for their arrest ; 
but neither sheriff nor constable, nor any one else could be found to 
serve it, so much were these men the terror of that community. They 
were armed to the teeth, and swore they would not be taken alive. 
Judge Strange was resolved that the law should be supreme, even if he 
fell in upholding it. He summoned the late distinguished lawyer, 
Gavin Hogg, Esq., and Wright Stanly, Esq., now of Mobile, to arrest 
the one, whilst he proceeded to arrest the other. As they approached 
on their mission, the men maintained their position in a dogged, sullen 
manner. Judge Strange caught the eye of the one : he advanced upon, 
and requested him to surrender his bowie knife and submit to the law ; 
an inward struggle for an instant seemed to be going on in the man's 
breast, but his bravado spirit was subdued in the controversy with a 
man his inferior in bodily strength, but rendered for the time his supe- 
rior by the justness and importance of his cause. He yielded his im- 
plement of death, thinking it no disgrace to surrender himself to the 
highest officer of the law. Mr. Hogg and Mr. Stanly were equally 
successful in arresting their man. The man who was shot did not die! 
The assailants were tried before Judge Strange, at the same term, and 
found guilty — one he imprisoned for one, and the other for two years. 
During his imprisonment the latter reformed and studied medicine in 
jail, and became a respectable and usefiil member of society. 

We might record many instances where Judge Strange modified his 
judgment to correspond with what he deemed the temper and character 
of the offender — and rarely was he deceived. On one occasion, a 
young man was indicted and tried before him for an aggravated as- 
sault. But he was young ; had acted violently to avenge the real, or 
supposed, wrongs of a father ; and there was that in his countenance 
and demeanor that marked a spirit that imprisonment might render 
desperate, but could never quell. The Judge felt the responsibility of 
his position ; that he might now,by a single act, fix the future destiny 
of no ordinary man. He was anxious to maintain the sanctity of the 
law, and yet save, if possible, its victim from ruin. After some hesi- 
tation, he declined to imprison, but imposed a considerable pecuniary 
fine, gave the youth some good advice, and dismissed him. That man 
has since been a prominent member of the United States' senate from 
one of the other states. 

In the fall of 1835, Judge Strange rode the fifth judicial circuit, 
which includes the town and county in which he resides. During the 
time he was on the circuit, a melancholy affair took place in Fayette- 



106 DISTINGUISUED AMERICAN LAWYERS. 1 

ville, which terminated in the death of a man by the name of Hubbard. 
The parties charged with the homicide were men of high character and 
influential families in the place. They pleaded upon the examination 
before two justices a warrant to apprehend him, " dead or alive." 
This satisfied the justices, who took their recognizance to appear at the 
ensuing term of Cumberland Superior Court. This gave great dissatis- 
faction to a portion of our citizens, and the town was in a ferment of 
excitement for several days. In the mean time, the friends of the de- 
ceased had made the necessary affidavit before Judge Strange, who 
issued a bench-warrant, returnable before himself, at Rockingham, in 
Richmond County. The defendants appeared before him ; one he com- 
mitted to jail, the others he allowed to give bail for their appearance 
at court. 

In six weeks afterwards, the fall term of Cumberland Superior Court 
was in session, and Judge Strange presiding. He would gladly have 
avoided the trial of these men, who were all his townsmen and friends, 
but the state and the prisoners were ready for trial, and it was not in 
the nature of the Judge to shrink from a discharge of his duties. 
Dillon Jordan, Esq., afterwards Judge of the Territory of Florida, was 
employed to assist Solicitor Troy in the prosecution. The Hon. John 
D. Toomer, John D. Eccles, and Louis D. Henry conducted the de- 
fence. The Grand Jury had found a true bill against four only, and 
had ignored it as to all the others charged. Three of the four were put 
upon their trial, in the midst of the greatest excitement it is possible to 
imagine. During the trial, it required all the powers and faculties of 
the Judge to moderate the fiery zeal of the prosecution and defence, as 
point after point was made on the relevancy or admissibility of the 
testimony offered. But he was fully equal to the task, and his pa- 
tience, calmness, impartiality and ability, won the admiration of all 
present. When the testimony closed, Mr. Jordan opened the case to 
the jury, in what was said to be the alDlest speech he had ever made at 
that bar. It was fierce and violent. He rang all the changes upon the 
cant phrases developed in the case, such as "the rich against the poor," 
and appealed to the passions and prejudices of the jury to avenge the 
blood of the deceased. The defence was characterized by all the mas- 
terly ability, adroitness, talent and eloquence that Toomer, Eccles 
and Henry possessed : episodes and incidents in the lives of some of 
their clients were beautifully brought to bear in their behalf; scathing 
irony and withering sarcasm, blended freely with impassioned appeals 
to the mercy of the human heart, should doubts be entertained of the 
prisoners' guilt. The charge of his honor was clear, calm, lucid and 
direct. The law upon the grades and kinds of homicide was plainly 
and distinctly stated. The law upon the points of evidence that arose 
was concisely and ably explained, and the several facts were briefly 
assigned to the jury, for their finding, in the simplest form. Even 
now, the scene rises fresh before the mind of the writer. It was the 
first trial he had ever witnessed — the first time he had ever been in a 
court-house — the first time he had ever seen Judge Strange, or any of 
the distinguished men engaged in the case. A new world had opened 
before him. During the recess of the jury, the Judge remarked to the 
excited crowd, that any manifestations of feeling on the return of the 



HON. ROBERT STRANGE, OF NORTH CAROLINA. 107 

verdict, would be highly improper. That, so far, he had never known 
it happen in North Carolina ; and for the honor of the town, he hoped 
the example would not be set upon that occasion. In about twenty 
minutes the jury returned a verdict of acquittal. The stillness of death 
pervaded the vast assemblage. With others, the writer retired in 
silence ; but, though then an apprentice-boy, he solemnly resolved, if 
life lasted, he would one day practice law. 

At the session of the Legislature for 1836, Judge Strange was elect- 
ed, on the 5th December, to the Senate of the United States for the 
unexpired term of Hon. W. P. Mangum, who had recently resigned. 
Though the term was short, and would expire on the 4th March, 1837, 
he did not hesitate to accept the appointment, but immediately resigned 
his commission of Judge and hastened to Washington City, and entered 
upon the discharge of his new duties. In the mean time, the Legisla- 
ture elected him for the full term of six years, commencing 4th March, 
1837. On his election to the United States' Senate, the leading Whig 
papers in North Carolina did him the honor to say, " that since a De- 
mocrat had to be elected, they preferred him to any other in the state" 
— so much had his private virtues disarmed political hostility. On 
this extended theatre, it is not our purpose to follow him. He took 
an active part in all the discussions of the day, and his history du- 
ring that time is legibly written in the debates and on the journals of 
the Senate. Were we to follow him, it would only be to award him 
honesty of purpose, integrity of principle, true patriotism, varied and 
extensive learning, and distinguished ability. This done, we would 
feel bound to object to many of the measures he advocated, for we have 
never been of his school of politics, but, on the contrary, have always 
endeavored to be a consistent Whig. 

Judge Strange resigned his seat in the Senate of the United States, 
in November, 1840. On the 25th of the same month the Hon. 
William A. Graham, the present Secretary of the Navy, was appointed 
to succeed him. 

On the 22d day of February, 1832, at the request of the citizens of 
Fayetteville, Judge Strange delivered an address on the centenary 
celebration of the birth-day of Washington. This he declined publish- 
ing, but the writer has often heard it referred to as a production wor- 
thy of the orator, the subject, and the occasion. 

In June, 1837, he was called upon by the Dialectic Society, of which 
he is an honorary member, to deliver an address before the two lite- 
rary societies of the university of North Carolina, Gaston, Badger, 
Iredell, Pinckney, and a host of others, had preceded him in this most 
difficult of all tasks. Conceiving that more obvious topics had been 
exhausted by his distinguished predecessors, he ventured to beguile the 
passing hour with some reflections on the imagination. His expressed 
object was to mingle instruction with amusement. He seemed con- 
scious of the difficulty of the task, as well as of the extent of the field on 
which he had entered : but claiming the privilege to roam through it in 
freedom, skimming the surface of its beauties, or gathering useful 
honey from its flowers, he proceeded to the completion of his design. 
He accomplished what he undertook. Thoughts bright and beautiful 
are eloquently blended with scientific principles explanatory of the 



108 DISTINGUISHED AMERICAN LAWYERS. 

philosophy of the mind. Here and there may be detected transcripts 
of the author's own thoughts and feelings, in scenes beautifully por- 
trayed. The address bears the impress of genius, is deeply imbued 
with sound and wholesome thought, and forms an imperishable record 
of the author's powers of observation, and analysis of the motives 
that operate on the feelings, and control the mind. 

In 1834, on the death of Lafliyette, he was requested by the citizens 
of Fayetteville to pronounce his eulogy, [t was esteemed a highly 
finished and able production, but Mr. Strange declined having it pub- 
lished. In July, 1840, he had the honor of delivering an address be- 
fore the Peithessophian and Philoclean Societies of Rutgers College, 
New-Jersey. This address was published at the request of the Peithes. 
sophian Society, at which instance it had been delivered by Mr. 
Strange as one of its honorary members. This address found its way 
mto the papers of the day, and was much praised for beauty of 
thought and expression, as well as for the maxims of wisdom it con- 
tained. At this time Rutgers College conferred upon him the degree of 
LL.D. The writer has frequently heard him express his high sense of 
the kindness shown to him by the ficulty and students of the college, 
as well as by the citizens of New-Brunswick generally ; and his admi- 
ration of the handsome manner in which the Commencements are con- 
ducted at the institutions of New-Jersey, as well as the courtesy there 
shown to strangers. 

In 1849, he delivered an address before the societies of Davidson% 
College, in North Carolina. This address is generally considered the 
best he ever made, in every essential that constitutes the finished 
oration. It breathes a lofty patriotism, and abounds in wise and pru- 
dent counsel to his young friends. It was published at the request of 
the Philanthropic Society, at whose instance it was delivered. While 
in the Senate he published a novel called Eonyguskee, which compe- 
tent judges praised as a work of merit, but through mismanagement on 
the part of his publishers, it never obtained an extensive circulation in 
North Carolina, though the edition has long since been sold out. 

On his retirement from the Senate of the United States, Mr. Strange 
hastened home and resumed the practice of the law in the fifth judicial 
circuit. Clients flocked around him, and in a short time his practice 
was greater than at any former period in his career. Solicitor Troy 
having paid the debt of nature, the Legislature elected Judge Strange 
solicitor of the fifth judicial circuit in 1842. This appointment he held 
until 1846, when, by a party vote, the Legislature conferred the office 
on Thomas S. Ashe, Esq., of Wadesboro, who held it until 1850, ably 
and fiiithfully discharging its duties ; when the Legislatiu-e, by a party 
vote, again conferred it on Judge Strange. This office he now holds, 
and in connection with it, the writer has listened to some of his highest 
forensic efibrts. 

Judge Strange was highly blessed in his conjugal relation. The soft 
and placid nature of Mrs. Strange soon assimilated to his own, and her 
chief joy in sublunary things was associated with his success in life. 
In return, he lavished upon her the devoted affection of his warm and 
ardent heart. The fruit of their union was seven children. The second 
eldest, a female, died in infancy. The others are named James, Robert, 
Margaret, John, Alexander, and French. 



HON. RORERT STRANGE, OF NORTH CAROLINA. 109 

On the 21st October, 1835, Mrs. Strange gently breathed her last, 
and her eulogy is being daily written in the character and conduct of 
her amiable and lovely children. Few men have enjoyed more happi- 
ness in their families than Mr. Strange. James is a planter in Cum- 
berland County. Robert, at one time paymaster in the United States' 
army, is now successfully practising law in Wilmington, N. C, in co- 
partnership with his cousin, Duncan Kirkland McRea, Esq. John has 
just commenced his career at the bar, in Fayetteville. Margaret is 
married to the Reverend Joseph C. Huske, a promising and eloquent 
clergyman of the Episcopal Church, now Rector of St. John's Church, 
Fayetteville. French is pursuing his studies at school. Alexander, a 
youth of great promise, died in the blush of manhood, in the city of 
Glasgow, Scotland, in 1851, whither he had gone to the land of his 
fathers to pursue the study of medicine. Judge Strange is still a 
widower, and resides at Myrtle Hill, a country seat in the neighbor- 
hood of Fayetteville, where he has resided for many years. 

On the death of the late distinguished William Gaston, one of the 
judges of the Supreme Court of North Carolina, in 1844, the members 
of the Fayetteville bar requested Judge Strange to pronounce his eulo- 
gy. He cheerfully consented, esteeming it a holy and filial duty to 
say what he knew of that highly-gifted and distinguished man. At the 
request of the members of the bar, the eulogy was published, and is 
among the most highly-finished and beautiful productions of the kind. 

Adjoining Judge Strange's residence, he owns an extensive planta- 
tion, and during his leisure hours takes much pleasure in agricultural 
pursuits ; but the writer questions whether his farming operations have 
been profitable, except in the improved condition and enhanced value 
of his land. He recently delivered an address before the Cuml^erland 
Agricultural Association. His description of the streams and extensive 
pine forests of Cumberland is beautiful in the extreme. The occupa- 
tion of agriculture itself is ennobled above all others, and many useful 
hints and suggestions of a practical and theoretical kind, are embodied 
in this address. It bears evidence to the versatility of his genius and 
his industry in pursuit of knowledge of every kind, whether connected 
with scientific theories or the practical details of life. 

His mind is deeply imbued with Grecian and Roman literature, and 
his earlier efforts bear marks of familiarity with heathen mythology. 
He is deeply versed in English and American literature, and has kept 
himself well informed of «.ll the new inventions and discoveries of the 
age. He is thoroughly conversant with parliamentary law and usage. 
Judge Strange has ever taken a deep interest in works of internal im- 
provement in North Carolina : and in primary meetings and conventions 
his time and talents have been devoted to awakening attention to this 
subject among the people of the state. 

He has for many years been a communicant of the Episcopal Church, 
and everything connected with her welfare and prosperity has received 
his most devoted attention and hearty co-operation. He is a well-read 
Bible scholar, and frequently draws from it some apt illustration of the 
subject on hand. In the family circle he is beloved beyond expression, 
and in the private walks of life few men are more esteemed. He is of 
a warm, generous, and impulsive temperament — reliable in friendship, 



110 DISTINGUISHED AMERICAN LAWYERS. 

firm in integrity, and conscientious in the discharge of every duty at- 
tached to his station. 

Judge Strange possesses a fertile and glowing imagination, a brilliant 
fancy, great command of language, easily and gracefully uttered in a 
voice whose tones are rich, musical and distinct. He speaks slowly, 
and in measured tones, until he becomes fired with his subject, when 
enunciation becomes more rapid, and terminates in an impassioned 
burst of pure eloquence. His powers of comparison are very great ; 
consequently, he is never at a loss for figures to illustrate and enforce 
the principle he is advancing. 

In the trial of Barfield, for the murder of a man by the name of 
Flowers, at Cumberland Superior Court, 1847, Judge Strange prosecu- 
ted, and the Hon. George E. Badger, United States senator, from 
North Carolina, the Hon. John D. Toomer, and William B. Wright, 
Esq., conducted the defence. Judge Badger, who is admitted by all 
to be a man of transcendent ability, in his address to the jury, asked 
them to lay aside feeling, and become pure abstract reason, and try his 
client by reason alone. Judge Strange followed, and combated the 
doctrine as dangerous in its tendency, and asserted that man should be 
tried by men — that man was not man when divested of any of the con- 
stituents of the miraculous compound, and delivered a most beautiful 
episode on the constituents of a perfect man. He then followed. Judge 
Badger into his chosen ground, and delivered the strongest, if not the 
tnost eloquent, speech we ever heard him make!. Barfield was con- 
victed ; and a friend remarked to us on the occasion, if Strange is not a 
great man, it is singular that in all his contests with great men, he at 
least proves himself their equal. 

On the trial of Mrs. Simpson, for poisoning her husband, at Fall 
Term, 1850, of Cumberland Superior Court, he displayed great moral 
courage and powers of eloquence. In a report of that exciting trial, 
published at the time, the writer says : " It was soon discovered that 
all the attributes of his nature were in the subject. His impulsive tem- 
perament for a time bore him on over all impediments, and by the 
pathos of his quivering voice and softened accents from a feeling heart, 
drew tears from many an eye unaccustomed, to weep," " After an 
analysis of the legal and scientific evidence with a high degree of moral 
courage, he marched up to the suspicious circumstances, grappled with 
them, and from his prolific powers, assigned reason after reason for the 
prisoner's conduct being consistent with innocence. In doing so, he dis- 
closed powers of the highest oratory, and every chord of the human 
heart was touched by a master hand. His feelings were frequently 
overcome, his utterance choked, and many a manly cheek was bathed 
in tears. He spoke three and a-half hours." Mrs. Simpson was ac- 
quitted. It is proper to state, that he had associated with him in this 
cause D. K. Mcliae, Warren and John Winslow, Esqrs., the two for- 
mer of whom only (by arrangement) spoke, and delivered truly able 
and eloquent speeches in their client's behalf. Solicitor Ashe was assist- 
ed in the very able prosecution by the Hon. James C. Dobbin. 

At the bar. Judge Strange is an agreeable, pleasant, and instructive 
companion. To the younger members of the profession, he is cour- 
teous, kind, and considerate. If they chance to be associated with him, 



HON. ROBERT STRANGE, OF NORTH CAROLINA. Ill 

he kindly pushes them forward, until they almost feel he is attaching 
importance to their aid in the management of the cause. In the mean- 
time, he watches closely, and weighs carefully their skill and ability to 
sustain themselves and advance their client's interest. Should he 
find them unequal to this, he soon assumes the post of senior counsel, 
but in a manner so affable and mindful of feeling, as to cause the 
change to be unnoticed. In the excitement of a trial, his mind acts 
with incredible rapidity, and points that have been entirely overlooked 
in a consultation at chambers, suddenly flash upon him ; and his inven- 
tive faculties rarely fail to supply and cure the oversight ; and the con- 
viction is entertained by many, that excitement and trying positions 
but add fresh power to his intellect, and secure his safest judgment. 
Be this as it may, he relies on no momentai-y visions to reveal truth to 
him, or to ensure success : for he is the most laborious and indefati- 
gable student on the circuit, unless it be his distinguished and veteran 
compeer, Judge Toomer. Twice a year he rides the entire circuit, 
which embraces twelve counties ; and during the recess, he attends se- 
veral of the county courts. He attends the United States Federal 
Court in Raleigh, and has a heavy practice in the Supreme Court of 
North Carolina, as he has in every court he attends. So that his life 
has been one of incessant labor, toil and action, for many years ; and 
few constitutions could have remained unimpaired under the incessant 
labors he has performed. But he is still " hale arid hearty" in body, 
and his mind is as strong and vigorous as it ever was. This can only 
be accounted for on the principle that he does but one thing at a time, 
and to that thing, whatever it may be, he devotes all the energies of 
his ardent and impetuous nature ; and when it is done, he deems it well 
done, and dismisses the subject to make room for something else. In 
this way, the energies of his mind are not impaired by lingering on 
and reviewing past labor, as many do even after the deed and its con- 
sequences have acquired vitality, and live beyond control. Whatever 
he has accomplished in literature, has been done in moments snatched 
from labors such as we have attempted to indicate ; and the wonder is, 
that his productions have been marked with so much care and beauty 
of composition. 

Since we commenced writing the above memoir, we have seen the 
name of Robert Strange, of North Carolina, mentioned in several 
papers as a suitable democratic candidate for the office of Vice-Presi- 
dent of the United States. As a whig, we can only say, if a democrat 
must be elected to that high office, we know of no one more competent, 
no one we would rather see in that exalted station than Robert Strange, 
a man emphatically from and of the people, the architect of his own 
fortune, and the founder of a brilliant and lasting fame. 



112 DISTINGUISHED AMERICAN LAWYERS. 

HON. OLIVER S. HALSTED, 

CHANCELLOR OF NEW-JERSEY. 



Oliver Spencer Halsted was born Sep. 22d, 1792, at Elizabeth Town, 
Essex County, New-Jersey. 

His parents were both of English descent. His father was a descen- 
dant of one of two brothers of the name, who settled in the state of 
New- York ; one of them on Long Island. A son of the latter settled 
in the neighborhood of Elizabeth Town, on a plantation bordering on 
the Sound between the Jersey Shore and Staten Island, afterwards 
called Halsted's Point.* 

The subject of this memoir is of this branch of the family. His 
mother was a daughter of Oliver Spencer, who married a sister of Col. 
Aaron Ogden, of Elizabeth Town.f 

His father studied law with Col. Ogden, but did not pursue the pro- 
fession. 

Our subject entered the junior class at Princeton College, in Sept., 
1808, and was graduated in 1810, receiving an honorary distinction, 
and delivering an oration on politics, the subject assigned to him. He 
entered, immediately after, the office of Col. Ogden as a student at law ; 
and after pursuing his studies there for about two years, went to 
the law school at Litchfield, Connecticut, then under the charge of 
James Gould, where he remained during the term occupied by 
a full course of lectures. He then returned to Elizabeth Town, and 
completed his term of study in the office of Col. Ogden, the term ne- 
cessary for admission to an examination for Attorney's license being 
then four years for graduates. He took his Attorney's license in Nov. 
1814, and married a few days after. He took his Counselor's license 
in Nov. 1817, three years' practice as an Attorney being necessary for 
admission to examination for Counselor's license. 

In the winter of 1820, at the solicitation of connections residing there, 
he went to Huntsville, Alabama, and shortly after ai'riving there, form- 
ed a connection in business with John McKinly, then the leading prac- 
titioner at that bar, and now one of the Judges of the Supreme Court 
of the United States. His family followed the next fall. He remain- 
ed there about two years and a half in active and lucrative practice. 

* This tvas the scene of an incident which conferred on Miss Halsted the honor 
of a toast at Washington's table. A marauding party from Staten Island were about 
driving oif her father's cattle, when the young lady discharged a musket from an 
upper window, for the purpose of giving the alarm. 

t Oliver Spencer, who resided at Elizabeth Town, was one of the extraordinary 
number of officers which that town gave to the continental army. In the winter of 
177.5-6, he was of the party who, in a small coasting vessel, captured the British 
supply ship " Blue Mountain Valley," off Sandy Hook ; an incident mentioned in 
the memoir of Col. Ogden, in the National Portrait Gallery. 

He afterwards became a Colonel in the line of the Continental Army. He was 
in the battle of Springfield, where his horse was shot under him ; and commanded 
his regiment at the battles of Brandywine and Monmouth. 



HON. OLIVER S. HALSTED, OF NEW-JERSEY. 113 

He has frequently spoken of a cause which he argued at Cahaw])a, 
then the capital of that state, before the District Court of the United 
States, involving 810,000 alone, against Mr. Hitchcock, then Attorne)' 
General of Alabama, and Mr. Hutchinson, a counselor, residing in 
Huntsville, as an instance in proof, that youthful temerity or sanguine- 
ness may sometimes be induced to submit to the imposition of a re- 
sponsibility, which the prudence and experience of riper years would 
decline to assume. Their client refused to employ other counsel, and 
his partner preferred to remain in Huntsville, to attend to the business 
in the court, which was to sit there at the saine time. Happily, his 
anxiety and responsibility were relieved and compensated by success. 
In the summer of 1823, he returned to Elizabeth Town, and resumed 
his practice there. In 1827, he was elected to the Legislative Assem- 
bly of New-Jersey from the county of Essex, receiving every vote 
polled except one : his own vote was polled. 

In the summer of 1828, he was appointed by Governor Williamson 
to the office of Surrogate of the county of Essex, to fill a vacancy oc- 
casioned by the death of F. C. F. Randolph, Esq. ; and in the fall of 
that year, was appointed to that office by the legislature for the term 
of five years. In the spring of 1829, he removed to Newark, where he 
has since resided. 

At the expiration of his term of office, the party of opposite politics 
having come into power, another person was appointed to the office of 
surrogate, and Mr. Halsted remained in Newark, and applied himself 
to his profession. 

At this time, 1833, party politics ran high, and, after he left the 
office of surrogate, Mr. Halsted's voice was soon heard in political as- 
semblies. 

In 1834, the whigs of Newark determined to have a whig Fourth of 
July celebration, and Mr. Halsted was selected as the orator. A copy 
of his address on that occasion was requested for publication, and pub- 
lished.* 

* The following notice of this address appeared in the whig paper of Newark : 
" After the usual introductory exercises, Oliver S. Halsted, Esq., pronounced an 
oration, which was listened to for an hour and twenty minutes with the most pro- 
found attention. It would be difficult, within the brief space allowed us, to convey 
an adequate idea of this admirable address. The orator briefly reviewed the 
grounds of controversy which now divided the country. He traced the history of 
the great whig controversy, the struggle between popular rights and executive 
power, for the last 600 years, from ihe period when our British progenitors extorted 
from the crown the celebrated grant of privileges down to the last great step taken 
by the whigs of the American Revolution, when to a declaration of rights they 
added the truth, that government holds all its powers only by grant from the people; 
in short, that the rights are in the people and the liberties in the government. This 
is precisely the reverse of the old English doctrine ; and having established this, the 
speaker proceeded to say, that the question now presented to the people is, what liber- 
ties the executive had taken with their rights, and whether they were prepared to sub- 
mit to his usurpations. In pursuing the inquiry he briefly examined the protest ; (of 
Gen. Jackson;) showedthat the executive had taken liberties — assumed powers not 
contained in his grant; and eloquently brought the Senate into view as being in the 
breach, nobly contending for the constitution. His allusion to Mr. Frelinghuysen, 
(then a senator from New-Jersey.) who occupied a seat with the invited guesis on 
the stage, was responded to by the audience in the warmest expressions of enthu- 
siasm. 

8 



114 DISTINGUISHED AMERICAN LAWYERS. 

In the foil of 1834, he was elected to the legislative council of the 
state. In the whig nominating convejition for the county, after the 
candidates for the House of Assembly were selected, one of which was 
from Newark, Mr. Halsted's name was proposed as the candidate for 
council, and he was nominated with unanimity. In April, 1840, he 
was elected Mayor of the city of Newark. 

In 1844, he was elected a member of the convention for revising the 
constitution of the state, and served in that body. 

Among other reforms ingrafted in the new constitution, was that 
separating the offices of chancellor and governor. Under the old con- 
stitution, they were united in one person, appointed annually ; the 
Court of Chancery being, as a consequence, unstable, and somewhat un- 
popular. 

Under the new constitution, the appointment of chancellor is made 
by the governor, with the advice and consent of the senate, for seven 
years ; the position being clothed with responsibilities and powers, 
rendering it the most prominent and honorable in the state. 

The convention for framing the constitution being the result of a com- 
promise between political parties, and its adoption by the people con- 
sidered certain, the question at once arose, which one of the many dis- 
tinoruished lawyers, deemed to have claims to the position, should first 
be called to the " wool-sack," with a view of securing the permanency 
and popularity of that branch of the state judiciary. 

Many candidates were named ; among the number, Mr. Halsted was 
early designated by Governor Williamson as peculiarly fitted, by 
disposition, temperament, and legal acquirements, to fill the station, 
and as being his choice. 

Although the governor did not live to see his wishes in that respect 
realized, yet his expression of opinion, standing, as he then did, the 
acknowledged head of the bar, and having filled the office of governor 
and chancellor, under the old constitution, for some fourteen years, to 
the entire satisfaction of all parties, had no small influence in bringing 
about the desired result. 

On the death of Governor Williamson, in the summer of 1844, he 
was appointed, by the bar of New-Jersey, to pronounce an eulogy on 

" In i-ehearsing the manifold usurpations of the executive, the orator alluded to 
that other monslri.us assumption of the party in declaring themselves the true d:-- 
mocracy of the country ; and inquired with inimitable sarcasm, how long it was 
since the democracy had become fond of granting power to the executive, and espe- 
cially over the public treasure. By a happy personification, he imagined the 
spirit of old Democracy siandingin the rotunda of the capitol, sending its voice 
through all its halls, declaring that Congress, the Representatives of the people, are 
responsil)le for the sufficiency of the reasons why the fmblic treasure is elsewhere than 
where the law placed it. Catching the sound, the executive boldly marches into the 
rotunda with this protest -in his hand, reading from that famous text book of execu- 
tive prerogative — " I am the direct representative of the American people — of all 
the Ainoriciui people — I am responsible for the treasure." Startled at the sight, the 
jealous spirit indignantly exclaims — " You the representative of all the American 
people ! You fill all this great building ! What a monster ! [The b;ink was called 
the monster in that day.] The effect was electric ; and tiie loud and long continued 
opplauso of the audience testified to the truth and beauty of the illustration. But 
we caiuiot pursue this most able address. The public will, we hope, soon have an 
opportunity to read it at length." 



HON. JOHN C. HUMPHREYS, OF TENNESSEE. 115 

the character of that distinguished lawyer. The address delivered on 
that occasion was published at the request of the bar. 

In February, 1845, he was appointed chancellor under the new con- 
stitution : which officer is, by the new constitution, president of the 
Court of Errors and Appeals. 

Mr. Halsted's term of office expired on the 5th of February, 1852, 
and he has resumed the practice of his profession, at Newark, his place 
of residence ; presenting another illustration of the beauty and perfec- 
tion of our republican system, which offers the highest honors as the 
sure rewards of merit and ability, and extends the " well done, good 
and faithful," to him who, having filled the measure of his duty, 
mingles again with his fellow citizens in the daily w^alks of life. 



HON. JOHN C. HUMPHREYS, 

JUDGE OF THE ELEVENTH CIRCUIT OF TENNESSEE. 

When a distinguished Lord Chancellor of England was, by kindly 
counsel, preparing the mind of a young noviciate in the study of the 
law, for the dreadful discouragements which would beset his progress, 
he compared it to the act of climbing the steep declivity of a mountain 
on his estate, near the sea-shore, whose summit overlooked the sea. 
" If it will be toil and labor to you," said he, — " and it will be so, — 
think as I do, when I am climbing up to Westhill, that the world will 
be before you when the toil is over." How many of those who, 
after years of patient toil and industry, have become 

" The lights and landmarks on the cliffs of fame ;" 

dignifying while they illustrate the jurisprudence of their country, when, 
in their earlier years, their hearts faint within them, and their courage 
fails, at the prospect of the immense labors before them, have had their 
dying energies fired by the reflection, that " the world will be before 
me when the toil is over !" 

The lawyer who begins the voyage upon his sea of intricacies, and 
looks for fame and thrift without toil and trouble, will find himself ere 
long quite as luckless as the foolish mariner who, lying idly on the 
deck, essayed to navigate the seas without a turn of the wheel or a 
change of sail. The deceptive breeze which wafts him out of port may 
last for an hour or a day, but ere long the breakers and the tempests 
come, which demand the muscles and the skill of hands inured to toil. 

The subject of this sketch adds another to the list of triumphant ex- 
amples of what patient, well-directed toil, combined with unvarying 
moral rectitude, will always surely achieve in the pursuit of profes- 
sional excellence. 

Though yet comparatively young, Judge Humphreys has already 
carved out for himself an enviable niche in the temple of juridical fame, 
for the excellence of his attainments, and the many high qualities which 
brighten his personal and judicial character. 



116 DISTINGUISHED AMERICAN LAWYERS. 

He was born in Lexington, Ky., on the 1st day of June, 1813. His 
father, Charles Humphreys, was a native of Virginia, who came at an 
early day to Kentucky, was a lawyer at Lexington, Kentucky, where 
his industry, great integrity, and purity of morals, secured for him a 
lucrative practice, which he enjoyed until the day of his death, which 
occurred on the 2d day of October, 1830. The mother of Judge Hum- 
phreys was Sarah Cowan, whose father, one of the pioneers of Ken- 
tucky, was an active participant in the stirring scenes which gave to 
that gallant state the early sobriquet of " the dark and bloody ground." 
At a very early age. Judge Humphreys betrayed a fondness for books, 
which, in view of his delicate physical constitution at that time, his pa- 
rents were obliged to check, fearing its effects upon his health. The 
handsome fortune which his fother had earned as the fruits of his pro- 
fessional labors, was, shortly before his death, swallowed up by an un- 
fortunate endorsement, which left his children to work out their own 
welfare, without the smile of patronage or wealth, dependent alone upon 
their own native energies. Judge Humphreys received his education 
in Lexington, spending two years at the Transylvania University 
while the Rev. Alva Woods was its president. He afterwards entered 
the law department of that institution, while the Hon. Daniel Mays 
had control of that department, and received the degree of Bachelor of 
Laws in the same, on the 22d day of February, 1834. Toward the 
close of that year, in the 22d year of his age, he removed to Tennessee, 
and established himself at Dover, a small town in Stewart county, situ- 
ated on the Cumberland River. At the time of his arrival at Dover, 
he had fifteen dollars in money, about twenty volumes of law-books, 
and a horse, for which he had given a Kentuckian his promissory note 
for forty dollars. This comprised his all of earthly goods and chattels; 
but with an energy which knew 

" No such word as fail," 

he dedicated himself to those systematic habits of diligence, which 
have marked his whole subsequent career, and which soon commended 
him to the confidence of the people of Stewart county ; and in due 
time, secured for him a reasonable share of practice. At this time the 
county courts in Tennessee had criminal jurisdiction of all offences 
under the grade of petit larceny, and the Attorney-General had the 
duty assigned him of charging the grand jury. Mr. Humphreys being 
inexperienced in debate, extremely diffident, and anxious to avail him- 
self of every opportunity to overcome the same, accepted the invita- 
tion of the Attorney-General to charge the grand jury for him. This 
duty he performed in such a manner, as at once to secure the respect of 
the people and the ba.' ; and, on the very day after he distinguished 
himself thus, an old and highly respectable member of the bar, in full 
practice, came to him and offered him a partnership for that county, 
which he accepted, and which was continued greatly to the advantage 
of each, until the death of his partner, which occurred afterward. In 
the year 1838, he removed to Sommerville, Tennessee, at the solicita- 
tion of his relative, West Humphreys, Esq., late Attorney-General and 
Reporter for Tennessee, who was then in the full tide of professional 
prosperity, and who offered him a partnership on equal shares, which he 



HON. JOHN C. HUMPHREYS, OF TENNESSEE. 117 

accepted. This partnership terminated one year afterward, by the 
election of his senior to the Attorney-Generalship. Since that time, 
Judge Humphreys has resided in Sommerville, greatly beloved for his 
exceeding purity of character and social virtues, and greatly admired 
for his profound legal attainments. 

For his success as a practitioner, he vpas indebted more to his legal 
acquirements and the patient industry with which beseemed to give his 
whole energy to the cause of his client, than to any uncommon gifts as 
an advocate. His style as a forensic debater, partook rather of the 
practical and useful, than the ornamental ; eminently plain, but clear, 
close and logical. He labored to convince the judgment of the court 
and jury by cogent philosophical argument, never summoning to his 
a,id any 

"Florid prose, or honeyed words of rhyme." 

During many years of association with him at the bar, the writer of 
this sketch, though he has heard him in every variety of case, does 
not remember a solitary instance in which he attempted the slightest 
rhetorical display ; but wholly absorbed in the cause of his client, and 
totally oblivious of self, he seemed to labor alone to convince the 
court that the law and the facts were with him. He believed, with 
the lamented Gaston,* that " every motive that can be addressed to a 
good heart and a sound head, concurs to impress upon a lawyer the 
conviction, that he owes to his client the utmost fidelity. Charged 
with the interests of one who is unable to act for himself, he is faith- 
less to his client, if he leaves any honorable means unexerted to se- 
cure and advance those interests," and that " there is no mode so sure 
of rising to eminence in the profession, as the exact, punctual, prompt 
and steady discharge of his duty." 

His intercourse as a lawyer with his professional brethren, was al- 
ways instructive and agreeable. Being purely a lawyer, and caring 
for and knowing little without the pale of his profession, his conversa- 
tion, generally absorbed by professional topics, was occasionally enliv- 
ened by an anecdote, always however of a juridical character. To the 
younger members of the bar he was endeared by many reminiscences 
of courtesy and kindness ; and in social life, before his elevation to the 
bench, common consent had created him their supreme appellate tribu- 
«al, upon all questions of law mooted among them, and his opinion de- 
finitively settled all their fireside litigation. 

His profession, the*idol of his early love, he has faithfully pursued 
from the time he entered it, never turning to the right or the left for 
any allurement, or combining it for a day with any other avocation 
whatever. 

On the 24th of February, 1842, he was united in marriage with Miss 
Sandol F. Battle, daughter of Col. William Battle, a highly respected 
citizen of Shelby county, in Tennessee, with whom he has since lived 
in the enjoyment of the utmost domestic felicity. 

Several times appointed by the executive of Tennessee, especial 
judge for his circuit, he was, on the 13th day of November, 1849, 

* Letter to a Young Lawyer. 



118 DISTINGUISHED AMERICAN LAWYERS. 

elected, by the legislature, Judge of the Eleventh Judicial Circuit of Ten- 
nessee, for eight years, which office he now holds. 

The learning, industry, and dignity of character, which shone out so 
conspicuously in his professional career, had given to the bar and the 
people of Tennessee an earnest of the high qualities with which he 
now adorns the judicial ermine. 

With due and proper regard to expedition in the transaction of the 
public business, he is yet never hasty, impatient or irritable, blending 
with a graceful suavity, a proper dignity of manner, which never fails 
to command, even in the most trying emergencies, the respect due to 
his position. Inflexible in his judicial opinions, and firm in all legitimate 
exactions of official duty ; yet in the enforcement of order, he never 
does an act which approximates official tyranny, or which is not palpa- 
bly required by official responsibility. 

Endowed with exceeding conscientiousness, and great kindliness of 
nature, he never hesitates to discountenance a prosecution which he dis- 
covers to be frivolous or unjust. 

Always a most laborious student, his greater leisure since his eleva- 
tion to the bench, enables him still more intensely to pursue his stu- 
dies, and thus still the better prepare himself for some yet more eleva- 
ted position, which all auguries bespeak for him, at no very distant day. 



HON. PIERRE A. ROST, 

JUSTICE OF THE SUPREME COURT OF LOUISIANA. 

Pierre Adolphe Rost was born in the Department of Lot et Ga- 
ronne, in the then Republic of France, and was the eldest son of Jean 
Jacques Rost and Sophie Delas. His flither was a Huguenot, and in 
favor of the new order of things. During the Reign of Terror, he had 
been entrusted with authority which the weight of his personal charac- 
ter enabled him to exert on the side of mercy, when it was most dan- 
gerous to be merciful. His mother was a Catholic, and belonged to a 
family warmly attached to the fallen dynasty. The first political di^s- 
cussions he had were with his uncles, on the maternal side ; and as he 
invariably had the better of them in argument, they came to the con- 
clusion that he was a mnuvais sujet, and that poor Sophie would have 
trouble with him. 

His filther thought differently. He had confidence in his son, and 
treated him from infancy as a companion and a friend. He was fond 
of appealing to his imagination, and of conversing with him upon the 
lives and actions of distinguished men. He dwelt with particular plea- 
sure on the life and character of Franklin, whom he greatly admired. 
Franklin's republic was frequently mentioned, and the good old gentle- 
man might easily have been led to believe that every citizen of it was a 
Franklin. 

After receiving the rudiments of education at and near home, young 
Rost was sent to college, first in the old Roman city of Cahors, and 
afterwards to the Lycee Napoleon at Paris. He passed his examina- 
tion for the Polytechnic school, when he was little over sixteen years 



HON. PIERRE A. ROST, OF LOUISIANA. 119 

of age, and was classed and admitted as the nineteenth of the success- 
ful applicants. Soon after his admission, his father died suddenly. 
This loss was so seriously felt by him, that it affected his health, and 
for a longtime depressed his spirits. 

At the beginning of the ensuing year, the allied armies first crossed 
the Rhine, and invaded France. The entire battalion of the Poly- 
technic school asked to join in repelling the invasion, and was attached 
to the garrison of Paris. Its conduct and admirable discipline at the 
battle, under the walls of that city, on the 30th of March, 1814, won 
the respect and the admiration of the enemy. Young Rost stood' at 
the right flank of the battery when it was charged by a body of Bava- 
rian cavalry, and the men at the guns compelled to retreat, until they 
succeeded in turning against their assailants four of the guns on the left, 
which mowed them down like gi-ass, and cleared the battery before the 
guns could be spiked. Each then returned to his post, and continued 
to annoy the enemy long after the other positions had been surrendered, 
and until the order to retreat was passed ; so that it may be said that 
the subject of this notice fired the last shot for the deliverance of his 
native land. He then retreated with the army of Paris, and joined the 
Emperor at Fontainebleau. After the Restoration, he returned to the 
Polytechnic school, and applied for a commission on the return of the 
Emperor from Elba. He was on the eve of obtaining it, when the 
battle of Waterloo again subjected France to the rule of foreign bayo- 
nets, and of their allies, the Bourbons. He was then offered a situation 
in the gardes du corps, which he refused, feeling, to use his own expres- 
sion, as if his country had gone from under him, and had left him afloat 
on the wreck of the empire. 

His thoughts then reverted to the country of Franklin ; a country 
about which he knew nothing ; but which he loved because his father 
had loved it, and he resolved to make it his home. He was warmly 
attached to his mothers and sisters ; but painful as the separation was, 
he felt that his destiny was there, and that it must be accomplished. He 
left in the beginning of 1816, being then nineteen years of age, and 
landed in New-Orleans in the spring of that year, a stranger to all, but 
full of health and youth and hope, and conscious of being at home the 
moment he trod on American soil. After being in New-Orleans a 
short time, he went to Natchez, where he made many acquaintances, 
who have been ever since his steadfast friends ; one of the most agree- 
able was that of George Eustis, the present able Chief Justice of Loui- 
siana, who was then preparing for the bar ; one of the most useful was 
that of a gentleman of education and intelligence, who proposed to 
learn French with him, and to teach him English, which offer was thank- 
fully accepted. After a few weeks, his teacher gave up the French in 
despair, but was so well pleased with the progress of his pupil in En- 
glish, that he insisted upon continuing his lessons, and in the fall of that 
year he had the satisfaction to see him write and speak English with 
tolerable accuracy. 

About this time Congress made to the French emigrants and exiles 
a donation of one hundred thousand acres of land, on the Black War- 
rior, for the purpose of cultivating the grape vine. Mr. Rost was re- 
gistered for a section of this land, but not believing that the swords of 



120 DISTINGUISHED AMERICAN LAWYERS. 

French officers could be turned into plowshares, or that such a colony- 
had any chance of success, he never took possession of his share of the 
■ grant. After losing time, and becoming greatly involved by a com- 
mercial enterprise, and an unsuccessful attempt to improve an island on 
the Mississippi River, he turned his attention to the study of the law, 
under the guidance of Joseph E. Davis, a worthy brother of the dis- 
tinguib.hed soldier and statesman, Jefferson Davis. After a seclusion 
of six weeks, during which days and nights were devoted to study, he 
passed a remarkable examination, and was admitted to the bar. The 
late Judge Taylor, who examined him, complimented him on his legal 
acquirements, and cheered him by the promise of success and fame in 
his new profession. He soon after removed to Natchitoches, in the 
state of Louisiana, where he established himself permanently. 

All the wealthy po^Dulation of that part of Louisiana was, at that 
time, either French, or of French origin ; and the facility which he had 
of addressing juries in their own language, secured to him from the 
start a profitable practice, of which the liberality of the bar enabled 
him to avail himself under powers of attorney, until he was admitted 
to practice at the next term of the Supreme Court. The bar of West- 
ern Louisiana numbered, at that time, many first rate men. Josiah 
Johnston, Alexander Porter, Henry A, Bullard, Wm. Wilson, and Isaac 
Thomas, have a national reputation, and would have stood among the 
first in their profession anywhere. With the liberality peculiar to the 
legal profession, all those men welcomed the young Frenchman among 
them, and seemed as much pleased with his success, as with their own. 
Their good report soon spread his name throughout the state, his practice 
became quite large, and in a few years he had the happiness to pay the 
debts he had left behind him, with interest, and to lay the foundation of a 
competency which he has since attained. His former creditors not only 
became his clients, but took pains to recommend him, and put him in 
the way of much valuable business. 

The courts of general jurisdiction sitting at that time but twice a 
year, he had much time left for self-improvement, and availed himself 
of it, to the utmost. The facility he had of reading French, Spanish, 
and Latin, gave him access to all the origins of the law of Louisiana, 
and he went through a systematic course of study, at times, by him- 
self, and at other times with Judge Bullard, who, like him, was fond of 
scientific investigation. Domat was his text book ; Pothier, including 
the Pandects, Merlin and Toullier, his favorite commentators ; Grego- 
rio Lopez, Salgado, the Curia Philippiea and Febrero, were also read 
by him, and the cliangos which the laws of Sj^ain then in force in Loui- 
siana had made in the Roman law, carefully noted. He was thus 
qualifying himself to sustain with honor the position which favorable 
circumstancc^s had made for him at the bar. So far, however, from 
obtruding his studies upon the public, he took pains to conceal them, 
and was ever ready to lead the dance or join his friends in the sports 
of the field. 

The cases that came before the court at that early day frequently 
presented the dramatic incidents of a border country. A brief notice 
of a few of them may be interesting to our readers, not only as 
sketches of manners, but as disclosing the modus operandi of the sub- 
ject of this notice, and the character of his mind. 



HON, PIERRE A. ROST, OF LOUISIANA. 121 

Tom Tipi^ett was a drummer in the regiment stationed at Canton- 
ment Jessup, about fourteen years of age. Having been punished by 
the sergeant of his company, the next morning, when off duty, he 
stepped up to him, within the precincts of the fort, took deliberate aim, 
and shot him dead. He was surrendered for trial to the city authority. 
On leaving the fort, he told his commanding oflicer that he knew he 
must die, but that he would die like an American and a. soldier, and 
bring no disgrace upon his company. This having been related by the 
officers to Judge Bullard and Mr. Rost, they volunteered in his 
defence. 

Mr. Rost pleaded to the jurisdiction of the court on the ground that, 
by the constitution of the United States, Congress was to exercise ex- 
clusive legislation over all places on which forts, magazines, arsenals, 
and dock-yards were erected ; and that this grant of power divested at 
once and forever the state court of jurisdiction. The arguments made 
use of by him were much the same as those upon which the celebrated 
passenger case has lately been decided by the Supreme Court of the 
United States. But the court held, that it was not the grant of power 
by the federal constitution to Congress which divested the state court 
of jurisdiction ; and that the exercise of the power by Congress alone 
produced that effect. Under the principle of the decision in the passen- 
ger case, this defence should have prevailed. The offence not having 
been committed while the accused was on dutv, it could not be brought 
under the martial law : and as Congress had not provided for such a 
case, there was no law under which he could be tried. By the decision 
of the court he was subjected to a trial which, through the great exer- 
tions of his counsel, resulted in a verdict of manslaughter. 

Dr. Provost had been a distinguished surgeon in the French army. 
He was fond of strife, and had exaggerated notions of honor and per- 
sonal dignity. He was arrested for a threat, on the affidavit of one of 
his neighbors, and brought for examination before Spotswoods Mills, 
who was a justice of the peace and a practicing lawyer. Mills was then 
a candidate for the legislature. He required Provost to give bonds to 
keep the peace, and the latter not being able to comply with the order 
on the spot, his hands were tied behind his back, a rope was placed 
around his neck and tied to a tree in the yard of thg house in which 
Mills was at the time, and he was suffered to lie out all night. On the 
next day, this being midsummer, the constable walked him thirty 
miles to the jail of the parish, his hands still tied, and a rope around 
his neck. As soon as he reached the town of Natchitoches, he gave 
bonds and was set at liberty. His hands were much swollen, and he 
was in a state of mental excitement bordering upon insanity. He 
thought that Mills had suffered these outrages to be committed upon 
him to propitiate his enemies, whose votes he wanted, and sent him a 
challenge, to which he received no answer. Several days passed, 
during which the election took place, and Mills was elected. One 
evening after dark. Provost met him in the street, and said, he asked 
him whether he would fight him. Mills answered that he would not ; 
and Provost stabbed him through the heart. He was put upon his 
trial for murder, and entrusted his defence to Mr, Rost. 



122 DISTINGUISHED AMERICAN LAWYERS. 

The ground of defence taken in argument was, that the time which 
had ehxj)sed between the outrage committed upon the accused, and the 
revenge taken for it, did not, under the facts of the case, raise a pre- 
sumption of malice. 

The common law was the custom of a •ountry where money was 
held iu public opinion a sufficient atonement for all outrages to person 
and character. After, therefore, the aggrieved party had had sufficient 
time to reflect upon the remedy which the law gave him, and which 
public opinion and his own sense of honor sanctioned, if he failed to 
avail himself of it, and resorted to personal violence, there was no ade- 
quate motive for his acts, and malice was justly presumed. But the 
accused belonged to a race among whom the atonement required in 
such cases was blood, and mortal combat the only form of trial recog- 
nized by public opinion. That until this was had, the outraged party 
felt as a disgraced being; and delay, so far from bringing counsel to 
him, must increase his exasperation, and ought to place him in no worse 
situation than if the act had been committed in the heat of passion. 
That in a common law country, the state of mind which would induce 
a party firmly to believe 'that the only remedy he had in such a 
case was to meet his adversary in mortal combat, could not be con- 
sidered as being sound, and the accused was entitled to the benefit of 
this kind of insanity. 

This characteristic distinction between the two races, was traced with 
great research through their judicial history. The defence, however, 
was unsuccessful, and the accused found guilty. 

His disposition, and the strength of his national instincts and preju- 
dices, were strikingly shown by the last request he made of the sheriff. 
The deputy of that officer had charge of the jail, and had treated him, 
as he thought, with unnecessary harshness during his confinement. The 
day before his execution, he sent for the sheriff, thanked him for his 
uniform kindness, and told him he had a request to make which he 
(the sheriff") must promise to grant. The sheriff said he would, if it 
was possible. "Nothing easier," said Provost. "You are an honest man, 
and must not disgrace yourself by hanging me. I insist on being ex- 
ecuted by your rascally deputy, and that you shall not be present." 
The promise was given. 

An Indian had been accidentally killed by another Indian while both 
were in a state of intoxication. The relations of the deceased were ab- 
sent at the time ; but they soon heard of his death, and came from the 
Indian territory to exact l)lood for blood from the homicide. He was 
advised to flee, but would not, and, in blind submission to the law 
of the red man, agreed to surrender himself on a certain day, to be 
shot. The court was then sitting, and Mr. Kost proposed to the pre- 
siding judge to prevent the horrid sacrifice, by giving the victim a fair 
trial by a jury, many members of which were known and respected by 
the relatives of the deceased, and impressing upon the latter the ne- 
cessity of abiding ]jy the verdict, whatever it might be. The judge con- 
sented at once, and had the Indian arrested, and confined in jail for 
safety. Mr. Rost visited him, informed him through an interpreter of 
what had been done, and asked the names of his witnesses. Those 
names were accordingly given. They were those of Indians of three 



HON. PIERRE A. ROST, OF LOUISIANA. 123 

or four different tribes, now much reduced in numbers, and dwelling 
together. On the day of the trial, the prosecutors were all called into 
court. The killing was proved by a white man, and the witnesses for 
the defence were called. The District Attorney objected to their be- 
ing sworn, on the ground that they were insensible to the obligations 
of an oath from defect of religious sentiment and belief. They were 
then examined as to their taith, and, to the delight of those who heard 
them, they all testified to their belief in a future state and in a Great 
Spirit, who would reward them if they told the truth, and punish them 
if they lied. They were then examined in chief, one of the party first 
translating the dialect of his tribe into Mobilian, which is the lingua 
franca of the Southern Indians, to an old hidian trader, who translated 
in French to the sworn interpreter of the court, by whom it was done 
into English. The testimony of all those witnesses thus given in differ- 
ent languages, was consistent throughout, and bore the impress of truth. 
It made out a clear case for the defendant. The case was then argued, 
and the judge gave a charge to the jury, which was translated to the 
prosecutors. The jury retired, and after being out some time, returned 
into court with a verdict of not guilty. 

The judge caused the verdict to be translated to the prosecutors, and 
told them that the jury had done justice ; and if they now took the life 
of the accused, they would be punished as murderers. Mr. Rest then 
rose and stated to the court that the prosecutors had left their hunting- 
ground to come and avenge the death of their relative, as it was their 
duty to do ; that justice had been done to the accused, but that was 
not sufficient. Justice must also be done to the other side : they must 
be indemnified for the inconvenience they had been put to, and the 
loss they had sustained ; and as the coffers of the treasury would not 
unlock at the bidding of his honor, he moved that the bar, jury, and 
by-standers, contribute a sufficient amount to satisfy them. This was 
done as soon as proposed, and the prosecutors declared themselves 
satisfied. It was the first time that a court of justice in Louisiana took 
jurisdiction of an offence committed by an Indian against another In- 
dian, Till then the Indians had been permitted to enforce their own 
barbarous laws. The precedent has since been followed, and it is to 
be hoped that it will hereafter be considered as the law of the land. 

Mr. Rost was elected to the state legislature in 1822. In the early 
part of the ensuing session a bill came up to create a new parish, with 
the singular name of St. John the Evangelist. This name was under- 
stood to have been given in deference to the wishes of a worthy old 
gentleman, who had made a donation of land to the new parish for the 
erection of the public buildings, and whose name was Jean. After the 
sections had been adopted, Mr. Rost, who, till then, had been a silent 
member, rose to move an amendment to the title. He said that he 
yielded to none in respect for the memory of the great saint who had 
been selected as the patron of the parish. But he did not think any 
good would result from the honor intended for him on this occasion. 
Honors were rendered to departed great men, less for their own sake 
than for the beneficial influence those honors had upon the living ; and 
the men whose examples were most worthy of imitation, should be 
first honored. It was painful to say, that in the present state of the 



124 DISTINGUISHED AMERICAN LAWYERS. 

world, evangelical sanctity found no imitators. The saints of liberty 
had, in this respect, superseded those of the church, and he was about 
to propose the name of one of those saints as a substitute. He moved 
that the title be amended by striking out the name of St. John the 
Evangelist, and inserting the name of Lafayette. The motion was re- 
ceived with applause. Major Davezac, who sat next to him, almost 
kissed him for the idea, and the change was made without a division. 

This little incident gave him the ear of the house, and he soon after 
made himself conspicuous by his opposition to a bill punishing usury 
as a crime, and enabling debtors to recover back the usurious interest 
paid by them within the five previous years. Only two votes, includ- 
ing his own, were recorded against it on its final passage. But it was 
returned by Governor Robertson, with his objections ; and on a re-con- 
sideration, the majority of two-thirds, required to pass it, could not be 
had. At the ensuing session he took an active part in the debates of 
the civil code, by which Louisiana is now governed. He and Judge 
Grima formed the enrolling committee, and were authorized to make 
all necessary corrections of form. 

In 1826 he was nominated for the state senate in opposition to a 
gentleman who till then had defied all opposition, and considered it a 
duty to his friends to use all proper exertions to secure his election. 
The county of Natchitoches was as extensive as some of the states of 
this Union ; and the northern and western portions of it were at that 
time occupied by a sparse American population. He made appoint- 
ments to address the people at various places, and they came from 
great distances to hear him. Those men, mostly emigrants from Ten- 
nessee and Georgia, considered this a giant step in the civilization of 
Louisiana, and were delighted with their candidate. They all joined in 
h is support, and he was elected. 

These were the first stump speeches made in Louisiana, and Mr. 
Rost has often expressed doubts whether he conferred a benefit upon 
the state by introducing the practice. 

He remained in the senate four years ; at the end of which time he 
was put in nomination for Congress. He was then engaged to a daughter 
of the late Jean Noel Destrehan, whom he married before the election. 
This caused him to neglect the canvass, and he was defeated by a few 
votes. He then removed to New-Orleans, where he continued in the 
exercise of his profession till the summer of 1838, when he took his 
family to Europe, on a visit to his mother and sisters. He returned in 
the fall, and two vacancies having occurred on the bench of the Su- 
preme Court, he and his old friend, George Eustis, were appointed to 
fill them. They both resigned after a few months. Judge Eustis re- 
sumed the practice of the law, and Judge Rost retired to one of his 
estates, foimerly the homestead of the Destrehan family, and for some 
years devoted himself to agricultural pursuits. He went from the be- 
ginning upon the principle that the best i)lanting is that which pays 
best, and was quite successful in the application of it — giving his peo- 
ple all necessary comforts and all indulgences compatible with a judi- 
cious discipline, liberal in expenditures, attended M'ith ascertained pro- 
fits, and making none on a large scale as long as the result remained 
doubtful, he was soon cited as an authority among planters ; and in 



HON. PIERRE A. ROST, OF LOUISIANA. 125 

1845 was called upon by the State Agricultural Society to deliver a 
discourse at their annual exhibition, which he did in a manner satisfac- 
tory to those who heard him. His speech was republished in the ag- 
ricultural journals of the country, and translated into Spanish in the 
island of Cuba. 

After a fair trial, he did not find that the pursuit of agriculture gave 
sufficient occupation to his mind ; and on the reorganization of the 
state judiciary in 1846, he accepted again a seat in the new court, of 
which his old friend and colleague. Judge Eustis, was appointed Cliief 
Justice, and he is now a member of that high ti'ibunal. 

It does not comport with the design of this work to review the de- 
cisions in which he has been the organ of the court. But it may be 
said that they are remarkable for vigor, logic and learning, as well as 
for always calling things by their right name, without the least regard 
to persons or position. The stern rebuke of his censure is said to have 
driven from the bar several men who disgraced it ; and cases of fraud, 
which constituted their sole practice, have become comparatively 
scarce. 

The Supreme Court of Louisiana deserves in this and other respects 
to be held up as an example. It has equity as well as law jurisdiction, 
and the cases that come before it are frequently to be decided under 
different systems of jurisprudence. The Mississippi may be said to 
be the dividing line between the two great jurisdictions of the civil 
and of the common law into which this continent is divided ; and New- 
Orleans is the place where the two systems meet, and nearly all the 
conflicts between them occur. The cases in which they arise are known 
to be the most intricate and difficult in jurisprudence. Notwithstand- 
ing this, the court has decided thirty-five hundred cases in less than six 
years, and none are ever left on its docket at the end of each year that 
counsel are willing to try. The unequaled facility of recovering debts 
in Louisiana, has become proverbial amongst northern merchants. 

It is not out of place to mention that the military education of Mr. 
Rost enabled him to acquire distinction of another kind. At Natchez 
a company of artillery was formed, of which he was first lieutenant, 
and under his drilling it became in time quite respectable. His fame 
as a martinet followed him to Red River, and he was made in succes- 
sion lieutenant-colonel and colonel of the 19th regiment of Louisiana 
Militia. At the first general muster after his appointment, two hun- 
dred and seventy-three privates did not answer to their names. He 
had every one of them fined, and caused those who refused to pay the 
fine to be confined in the common jail for seventy-two hours, as he 
was authorized by law to do. The parties punished were very much 
exasperated, but they did not miss muster again ; and at the next year- 
ly review, the regiment proved to be by far the best drilled and disci- 
plined of any in the state. 

We will close this notice by stating, on reliable authority, that Mr. 
Rost attributes much of his success at the bar to his uniform popu- 
larity with courts and juries ; and the latter, to a strict adherence on 
his part to the rules of conduct he had prescribed for himself at the 
beginning of his forensic career : these were never to misrepresent 



126 DISTINGUISHED AMERICAN LAWYERS, 

the facts of his case — never to speak when he had nothing to say — 
never to repeat what he had once said. 

lie ever kept in mind, that although judges and juries are compelled 
to listen, persuasion is impossible when the compulsion is permitted to 
be felt. He took pains not to weary their patience. He addressed 
himself at once to the strong points of his case, and when his story 
was told, he was done. The mathematical education he had received, 
here bore its fruits. He would as soon have thought of repeating a 
demonstration in geometry, as a legal argument. In this respect, as 
well as in earnestness of manner and form of thought, he has been said 
to be not unlike John C. Calhoun. 



HON. LOGAN HUNTON, 

OF NEW-ORLEANS, LOUISIANA. 

Logan Hunton was born in the county of Albemarle, state of Vir- 
ginia, of highly respectable parentage, and he is now a little more than 
forty years of age. His father, Thomas Hunton, emigrated to Ken- 
tucky about the year 1818, where, in a few years, he died, leaving a 
family of young children, of whom Logan was the eldest son, and 
transmitting to them little that was valuable, except a good name and 
reputation. 

Mr. Hunton, the subject of this memoir, received what is termed by 
favor, a liberal education ; and being thrown upon his own resources at 
an early age, entered upon the study of the law in the village in which 
his family resided. His legal studies were prosecuted in the office of 
the Hon. John Kincaid, an able and learned lawyer, and since a repre- 
sentative in Congress from . Kentucky. He was admitted to the bar 
before he attained his majority, and was at once associated with his 
preceptor in the practice of his profession. 

About that period, the state of Kentucky was a great political battle- 
ground. An exciting, indeed bitter contest for the ascendency between 
the friends of General Jackson and of Mr. Clay was then pending. 
The most virulent partisan feeling of an inflammable population was 
aroused. The contest for victory was not waged in the election of 
congressional candidates alone, perhaps it was still more keenly dis- 
puted in the state elections. Influenced by ambitious hopes, or im- 
pelled by patriotic ardor, the field was thronged with the talent and 
chivalry of the state; and here it was that the young men of that day 
received the training which in after times has made them so conspicu- 
ous in forensic and parliamentary debate. The county of Lincoln was, 
at the time alluded to, claimed by both parties, and strenuous efforts 
were made by each to secure their candidate for the legislature. Al- 
though scarcely of the legal age, his party selected Mr. Hunton as the 
banner bearer of Mr. Clay for that county. The struggle was severe, 
the issue doubtful ; and to the zeal and ability with which Mr. Hunton 
conducted the canvass, is to be attributed the triumph of his party and 



HON. LOGAN HUNTON, OF NEW-ORLEANS, LOUISIANA. 127 

his own election. He was three times returned as a member of that 
body, and finally broke down all opposition. 

His course in the legislature was such as to inspire his friends with 
increased confidence, and he might with great certainty have anticipated 
promotion to the national councils, but his slender pecuniary means com- 
pelled him to give his undivided attention to the practice of his profes- 
sion. 

On his retirement from the legislature, the office of commonwealth's 
attorney for the district in which he resided, was tendered to him by 
that veteran politician, Governor Metcalf. Mr. Hunton accepted the 
office, and from this time, for several years, he devoted himself exclu- 
sively and assiduously to the practice of the law. 

Desiring a larger theatre, one on which more active and constant 
employment might be obtained, and where professional labors would 
meet with more sure and liberal rewards than generally attended them 
in the interior of Kentucky, Mr. Hunton removed, in 1838, to St. 
Louis, Mo., where he very soon obtained a high rank in his pro- 
fession. The following year he was married to an accomplished lady, 
the daughter of Dr. Moss, of St. Louis. Whilst in St. Louis, Mr. 
Hunton devoted himself steadily to the duties of his profession. Hav- 
ing been appointed, however, as a delegate to the Harrisburg Conven- 
tion, he attended the meeting of that body, and upon his return engaged 
actively in the presidential canvass, and advocated zealously the elec- 
tion of General Harrison. 

In 1845, Mr. Hunton was induced to make New-Orleans his home. 
A system of law prevailing in Louisiana essentially different from that 
which obtains in the other states of the Union, it would seem to be a 
hazardous experiment for any one, however skilled in the learning of 
the common law, to enter the lists with those educated in the jurispru- 
dence of the civil law ; and experience has proved, that upon this thea- 
tre have been wrecked many reputations well earned and firmly 
established in the common law states. Mr. Hunton, however, though 
a stranger upon the new field, not only obtained at once a lucrative 
pi-actice, but he managed the causes entrusted to his care with such 
ability, as to inspire both the profession and the public with confidence 
in his judgment and learning. Upon the election of General Taylor, 
who knew him well, and who, it is said, had given him his entire confi- 
dence during the canvass preceding his election, Mr. Hunton was 
tendered the office which he now holds, of United States District At- 
torney for the Eastern district of Louisiana. It will be admitted that 
the appointment of law officer of the government, at a point as impor- 
tant as New-Orleans, is a distinguished compliment. 

The first occasion in which Mr. Hunton appeared in his official char- 
acter on behalf of the United States, was in the prosecution of the 
Spanish Consul at New-Orleans, for the alleged abduction of Rey, com- 
monly called the " Rey case." The journals of the day speak of his 
effi)rt on that occasion in very laudatory terms ; and doubtless, the 
ability manifested in that prosecution contributed to give him the high 
professional reputation which he now enjoys. During his term of office, 
the celebrated Cuban trials took place. Popular sympathy was strongly 
manifested in favor of the accused, and the prosecutions failed ; but it 



128 



DISTINGUISHED AMERICAN LAWYERS. 



is universally conceded, that Mr. Hunton discharged his duty on that 
occasion, faithfully to the government, and in a manner highly credita- 
ble to himself, "^ 

A stranger would at once say of Mr. Hunton, that he was a clear, 
Strong-headed, common-sense man ; cautious and wary in takino- his 
premises, certain and irresistible in his conclusions from them. This is 
the secret of his success in life — he never commits a folly. It is to his 
practical sagacity, in a great measure, that he is indebted for his pro- 
fessional success ; he at once perceives the ruling point of his case, and 
to that point, with all his force, he addresses himself. No art of his ad- 
versary can draw him into collateral or immaterial issues ; he selects 
the best ground, and wages his battle there ; and if he falls, it is always 
on the best position that his case affords. Although his acquaintance 
" with the books" is large, yet in the trial of his causes, he makes no 
unnecessary display of learning. He takes care to establish the prin- 
ciple which his case requires, and then, by argument, he proceeds to 
show that his case belongs to that principle. He troubles neither the 
court, the jury, nor himself, with the rubbish of his case. As a 
speaker, Mr, Hunton is earnest and fluent — his language, though never 
ornate, is always vigorous ; and it may safely be said that he never 
uses two words where one will answer his purpose ; he appears to 
think that the only triumph which any case can afford, is a judgment in 
favor of his client. 

Mr. Hunton is distinguished for his firmness and decision of character ; 
and whether in the affairs of life, or in the discharge of his professional 
duties, for great self-reliance. Yet it must not be inferred that, be- 
cause these are distinguishing traits of his character, he is obstinate or 
dogmatic ; on the contrary, no one is more ready to receive any coun- 
sel which may tend to enlighten his judgment. It is only when that 
judgment is formed, and when he is fully convinced of its correctness, 
that he is unswerving and uncompromising. 

We cannot conclude this brief sketch without some observations on 
the private worth of Mr. Hunton. We know of no man whose character 
in this respect will bear a severer scrutiny. In all the transactions of 
life, his conduct is marked by the most scrupulous integrity, and he 
guards his honor with that sensitive care which has ever kept it far above 
suspicion. The hearty cordiality of his manner inspires full confidence 
in the integrity of his heart, and an acquaintance at once desires to be- 
come a friend. When that relation is established, he comprehends its 
duties in the largest extent ; and although his experience has not been 
very favorable to his interests, he satisfies its demands with a ready, 
indeed unnecessary generosity. 



HON. HENRY PIRTLE, OF KENTUCKY. 129 

HON. HENRY PIRTLE, 

OF LOUISVILLE, KENTUCKY. 



Henry Pirtle was born on the 5th of November, 1798, in Wash- 
ington County, Kentucky. 

His father was of German and Welsh descent. On his mother's 
side he was descended from a Swedish family, who had been at the 
court of Gustavus Adolphus, and coincided with that great prince in 
his grand scheme of spreading pure Christianity over the western world. 
They were his missionaries, and were included in the patent issued by 
Christiana, his daughter, or rather, by Chancellor Oxcnstiern, in 1G38, 
hi fulfilment of the wish of Gustavus, for the country lying on the west 
side of the Delaware River, now principally in the state of Delaware. 

His parents were among the early settlers in Kentucky. In a letter 
written by him in 1840, in answer to an invitation to be present at the 
celebration of the anniversary of the first settlement of the state, on 
the 24th of May, at Boonsborough, on the Kentucky River, he gives a 
striking picture of the daring energy, and spirit of adventure, which so 
strongly characterized the first immigrants to that country. Speaking 
of his father and mother, he says : " If my egotism obeyed my aiTee- 
tion and reverence for their memory, I could say they were something 
of a specimen (I speak now of adventure only) of the first immigrants. 
They were Virginians. In those days, it was the habit for the persons 
who intended to come to this country, to rendezvous for fifty or one 
hundred miles around, at some place appointed, and travel in company 
with arms in their hands. My parents, who had been recently mar- 
ried very young, had come to one of these points of meeting, and 
found they had mistaken the day — that the company had gone two 
days before. But, as they had set out to come to Kentucky, and had 
received the blessing of their friends at the home they had wept for at 
parting, they resolved that they would not turn back — they would coine 
to Kentucky — and accordingly, my father, with his rifle on his shoulder, 
on one horse, and a pack under him, and my mother on another horse, 
and a pack under her, traversed the solitary wilderness, and crossed 
the mountains alone ; not on the " old wilderness road," but along the 
old wilderness patli^ till they reached the Crab Orchard. I fear their 
son, who writes this, would not readily take such a journey. Then 
every rustle in the leaves or crack of a stick in the deep woods, might 
well have been taken for the whereabouts of the prowling savage." 

John Pirtle, the father of the subject of this sketch, was a man whose 
character was strongly marked by firmness, integrity, and decision, 
united with great mental vigor. He possessed a very remarkable 
talent for mathematical reasoning, and well understood the value of 
such training to the youthful mind, and very early imbued his son 
with his own love of learning ; and from his instruction, aided only by 
such schools as the neighborhood aff'orded, he received a good English 
education. He seems to have inherited some of his father's uncommon 
talent for mathematical science : for while at school, when he was only 
sixteen years old, he invented a plan, not before known, of ascertaining 

9 



130 DISTINGUISHED AMERICAN LAWYERS. 

the rising and setting of the sun in any latitude where the days are 
only twenty-four hours long. 

Until he was eighteen he lived entirely in the country, sometimes 
working on the fiirm, sometimes going to school, and at other times 
spending days together roaming the " pathless woods," either on sur- 
veying expeditions, or with his gun ; and often merely for the pleasure 
it afforded him. There is much in this communion with nature to ele- 
va:te and purify the mind of a thoughtful youth. Born in this beauti- 
ful country, while yet much of its primeval sublimity was left as na- 
ture made it — splendid, and almost awful, in its tall forests, tangled 
and dark woods, its wild rivers and romantic tributaries, he imbibed 
a love of nature which has been a poetic, as well as a patriotic senti- 
ment of his life. " Patriotism," we have heard him say, " is the love 
of the great trees, the bright streams, the rivers, the forests, the gi'een 
fields, our beautiful women, our countrymen, and our laws." 

He was attracted by the moral science of the law, and determined 
to make it his profession ; and when very young he commenced its 
study at Bardstown, under the instruction of the late Hon. John Rowan, 
one of the most eminent jurists of the west. His talents, assiduity, 
and uniform correctness of deportment, secured to him the friendship 
of his preceptor, which continued while he lived, and was reciprocated 
with the warmest gratitude and veneration by his pupil. In his pre- 
paratory studies, before he entered the profession, he went through a 
A'ery full course. In that day there were no Kent's Commentaries, or 
Story's Commentaries, so valuable to the student ; nor had he the help 
of other American and English publications, which have since contri- 
buted so much to facilitate legal study. But he had to find his way 
through the labyrinth of law and equity with labor not now befalling 
our young men. He did not rely on such elementary books as the 
day afforded ; but, in connection with them, he read the reports in law 
and equity from the time of Edward the Sixth to the middle of the 
reign of George the Third. 

While pursuing with ardor the study of his profession, he did not 
neglect the advantages of the large and well-selected library of his pre- 
ceptor. Scientific works, history, philosophy and poetry, were his 
relaxation. 

After reading for about three years, fourteen hours a day, he ap- 
peared at the bar, and had a full share of business the first term. He 
was young, almost beardless, but he understood his profession much 
better than most beginners. He had a remarkably manly, sonorous 
voice, agreeable and impressive elocution, and a power of analysis 
which commanded success. His office was in Hartford, Ohio county, 
but he attended all the courts of a large circuit. In the Green River 
Country, (as it is called,) the pi'incipal sources of litigation at that time, 
which were profitable tu the bar, were conflicting land claims ; and, as 
Mr. Pirtle was very familiar with the land law, he had, while this sort 
of business lasted, a full practice. But at the end of five years, most 
of those claims being adjusted, he determined to I'cmove to Louisville. 

A few months after his settlement in Louisville, the oflice of judge 
of the General Court and the fifth district becoming vacant, he was' 
unanimously recommended by the bar to the executive to fill the va- 



HON. HENRY PIRTLE, OF KENTUCKY. 131 

cancy, when he was only twenty-seven years of age, although this office 
was one of great importance : the General Court having jurisdiction 
throughout the state in suits between residents and non-residents, and 
in all the revenue cases, (being a court of exchequer,) and the Circuit 
Court having an unlimited jurisdiction over life and property, of law 
and equity. And what made the compliment greater, a senior member 
of the bar was appointed a committee to go to Frankfort, procure the 
commission, and bring it to him. 

This office he held for upwards of five years ; when he resigned it, 
and assumed the practice at the bar, having established himself in pub- 
lic estimation as one of the leading jurists of the state. This was 
honor ; for Kentucky has always had able men at her bar and on her 
bench. 

While holding the Circuit Court for the county of Meade, in the year 
1827, on a conviction for murder, he ordered the judgment to be ar- 
rested for a defect in the indictment, and thereupon ordered the com- 
mitment of the prisoner to await a new indictment. This astonished 
the counsel ; and the Hon, Ben. Hardin, a counselor of as much expe- 
rience as any in the commonwealth, expressed his surprise, and stated 
to the judge that it was the first time in the state an accused person 
had not been discharged in such an instance, under that clause in the 
constitution which provided, that no one should be twice put in jeo- 
pardy for the same offence. But the judge maintained that the party 
was not "put in jeopardy" within the meaning of the constitution, on 
a bad indictment ; and the law has been so held in the state ever since. 
* In 1830, a trial for felony took place before Judge Pirtle, in which 
the often mooted question concerning the opinion formed by one called 
as a juror, came up ; and he decided, that if the person called had 
formed an opinion one way or the other as to the verdict that should 
be rendered, he could not sit on the trial, if others who had formed no 
opinion could be obtained. It seems from the report of the case in 
seventh Monroe's Reports, that this opinion was not founded on the com- 
mon law only, but was based in part on the provisions of the consti- 
tution of Kentucky, which are substantially included in the constitu- 
tions of the different states of the Union, and in the constitution of the 
United States. 

We have not space to insert the whole of this opinion ; but we give 
the following extracts, which show the result to which the learned judge 
came : 

" But, if the doctrine of impartiality were not sustained by the de- 
cisions of the courts at Westminster, it still has been abundantly pro- 
tected by the American statesmen and jurists. La this country, more 
than any other, has the trial by jury been cherished and improved. 
The constitution of almost every state has secured its impartiality by 
special clause. The constitution of the United States has the same 
provision. And the courts of America, in expounding these provisions, 
have held forth the lights of modern improvement, and showai that 
American justice requires a juryman whose opinion is not formed by 
any means that govern the human mind, before he hears the evidence 
in the case which he is called to try. 



132 DISTINGUISHED AMERICAN LAWYERS. 

" We are not under the necessity to recur to the British common 
law for the exposition of an American charter." 

************ 

" The court does not mean to say, that every hypothetical opinion 
which a juror may have will disqualify him, (for this might exclude all 
mankind that come within the reach of the court,) as that, if what his 
neighbors have said be true, or if what was rumored be true, then he 
has formed an opinion. But, if his opinion is absolutely formed, and 
his mind made up, it makes no difference on what grounds, he is an 
incompetent juryman. But, it may be said, that the more atrocious 
and notorious an offence is, the more difficulty there will be to obtain 
a jury ; and in some instances of outbreaking enormity, it may be im- 
possible. Not so. That there will be more difficulty is acknowledged ; 
but the injunction to preserve impartiality will not compel the court to 
deny justice to the commonwealth. The constitution directs the trial 
to be had by a, jury of the vicinage. It is the duty of the court to afford 
hjkere; and if a jury, clear of all previous impression, cannot be ob- 
tained, it will be still the duty of the court to provide the most impar- 
tial triers which the constitution and laws have given the means to do." 

After he left the bench, Judge Pirtle engaged with his usual energy 
in the practice of the law, in the courts of Louisville, and the Court of 
Appeals and Federal Court, at Frankfort ; and with that success which 
generally attends high moral character, learning, ability, and industry. 

His eloquence is not splendid ; yet there has always been a clearness in 
his argument and a natural fervor, united with such illustration as reached 
the feelings and judgment of plain sensible men ; so that, when enforced 
by his uncommon voice and manner, which we cannot express on paper, 
we may say he is truly an eloquent speaker. Mr. Clay, when oppo- 
site counsel in a great case, said to the jury : " The solemn force of the 
gentleman's manner is irresistible." But a few years ago he obtained 
a judgment of six thousand dollars on a breach of marriage promise, by 
the skilful presentation of the case, and the holding it up throughout 
the trial of seven days, in his fine address and manner alluded to by 
Mr. Clay, and by his argument and natural appeal to the jury. 
^ In 1846, the commission of judge, which he had resigned in 1832, 
'with the same salary as that of Chief Justice of the State, was, at the 
same unanimous instance of the bar, sent to him. He held it for a 
few days to save the term of the court, and resigned it. 

He is now chancellor ; and he is the professor of constitutional law, 
equity, and commercial law, in the University of Louisville. 

Tlie life of a professional man, who has kept himself in his profes- 
sion, is comparatively void of incidents to excite the mind of the gene- 
ral reader. Chancellor Pirtle has eschewed political office. His at- 
tachment to the law, and his domestic attachments and habits, have, 
with one exception, held him away from such station. Yet it is agree- 
able to men of reflection, to contemplate the course, of one of their fel- 
lows who has, for more than a quarter of a century, kept an even tenor 
of duty always in mind; and who has esteemed the fame of the party 
politician less than the duties of the husband, the father, the jurist, and 
the judge. 



HON. HENRY PIRTLE, OF KENTUCKY. 133 

In 1840, he was induced by the voice of the district to take a seat in 
the senate of the state. This he did, with the express declaration that 
he could not continue in political office. He remained the appointed 
time in the senate, and returned to his constituents, meeting their ap- 
probation and satisfaction. 

In the year 1842, when he was chairman of the Committee on Feder- 
al Relations, he made a report on certain resolutions of South Carolina 
and Virginia, in reference to the conduct of New- York in regard to fugi- 
tive slaves from Virginia, in which he stated substantially the same 
doctrine, and the same consti'uction of the Constitution of the United 
States, that is to be found in the opinion of the Supreme Court in the 
case of Prigg vs. the State of Pennsylvania, in 16th Peters' Reports, 
some days before the opinion was promulged. • 

The following extracts will show the conclusion to which the argu- 
ment came : 

" These states claim the right to enforce New- York to an observance 
of the Constitution. South Carolina says : ' Interest, duty and honor, 
imperiously demand, that South Carolina announce to the authorities of 
New- York, that so soon as that state shall break its solemn faith to 
Virginia, so soon shall be canceled our constitutional obligations as to 
her. When a state shall have been disappointed of those rights and 
remedies, for which stipulation was made when the compact of union 
was adopted, then will the painful but imperative duty of protecting her 
rights in her own way have been imposed upon her. This state, having a 
common purpose and common interest with Virginia to uphold the 
Federal Constitution, by exacting compliance with its obligations, is 
prepared to make common cause with that commonwealth in the 
maintenance of her rights.' And again, ' the basis of the whole doctrine 
of state rights is the assumption that the Constitution of the United 
States is a compact between the states.' 

" Your committee deny that this is any just basis of state rights. 
The doctrine of the American people is not that the Constitution is a 
mere compact between the states, a breach of which on the part of one 
is to be remedied by coercive retaliation on the part of others ; but that 
it is a form of government of the people of this nation, as sovereign in 
its sphere as the government of a state is within its sphere ; that no 
state can interfere with its power or assume its action ; that national sub- 
jects are under this government referred to national judicature. 

" Your committee believe that the duty of the respective states to 
comply with the provisions of the Constitution in regard to fugitives, is 
one to be enforced by the National Government, or it is left without a 
remedy ; for coercion on the part of another state implies disunion. 
Retaliatory exactions of compliance with the obligations of the Consti- 
tution are dangerous usurpations, to be deprecated by all the American 
people. 

" This act of Virginia and South Carolina is an interference with the 
power of Congress imder the Constitution, ' to regulate commerce with 
foreign nations and among the several states.'' This power is not one 
that may be concurrently exercised by the states, as the preamble of 
South Carolina supposes ; but it is one to be exercised exclusively by 
Congress, This American doctrine is so well established, that it would 



134 DISTINGUISHED AMERICAN LAWYERS. 

be vain to attempt to give it any support by argument at this day — 
See Federalist, No. 42; Kent's Commentaries, Lect. 19 ; 2 Story's 
Com. 516 ; 9 Wheaton's Reports, Gibbons vs. Ogden. Congress has 
passed laws regulating commerce among the states. They have said 
what papers a vessel shall have to pass from New- York to Charleston, 
and what papers she shall have at Charleston to be able to sail to New- 
York, and neither of the states can require any other. 

" The committee would not contend that South Carolina had not the 
right to inspect a vessel to see whether slaves were concealed on her or 
not ; this would be but the exercise of a power of police which is not 
denied to the states. But if the exercise of police has annexed to it re- 
strictions aimed at navigation and commerce, then its character is 
changed, and it is inhibited by the Constitution. In this instance the 
power attempted to be exercised is for retaliation and compulsion, and 
burdens on navigation are imposed that come from no motive of 
police. 

" Your committee have witnessed vrith much concern the difference 
between these states on these subjects. The quiet union of the Ameri- 
can states should strike every lover of mankind as a desideratum unsur- 
passed by any subject of sublunary concern ; and so it is felt by the 
people of Kentucky." 

Judge Pirtle unites to his legal attainments, general information, 
which belongs only to the most industrious and cultivated in his pro- 
fession. His habits of investigation have led to a very thorough 
acquaintance with natural science ; and that refined element in his 
character, to which we have before alluded, causes him to take great 
delight in all that is beautiful in literature and art. He has a lively in- 
terest in most of the scientific and philanthropic movements of the day. 
Indeed, those eloquent lines of Terence might be his own: '■'■Homo 
sum ; et nihil humani a me alienum puto." 



HORATIO J.HARRIS, 

OF VICKSBURG, MISSISSIPPI. 

Horatio J. Harris, a member of the Mississippi bar, and the present 
U. S. Attorney for the southern district of that state, was burn in New- 
ark, Licking county, Ohio, on the 4th day of February, 1815. His 
father. Dr. Noah Ilari'is, a Virginian by Ijirth, settled at Newark about 
the year 1807, when the county of [jicking, now one of the most popu- 
lous and wealthy in the state, contained but a few hundred inhabitants. 
He practiced medicine there with great success for many years, and was 
universally respected as an upright man and valuable citizen. On his 
mother's side he is a grandson of Capt. Samuel Elliott, a native of Ire- 
land, who emigrated to Maryland on the eve of the Revolutionary War, 
in which he rendered efficient service as an officer under General AVayne. 
Capt. Elliott removed to Ohio about the commencement of the present 
century. His name is honorably mentioned in the history of the state, 
as one of the pioneers of Licking county. When he settled in the 



HORATIO J. HARRIS, OF MISSISSIPPI. 135 

vicinity of Newark, its whole population did not exceed a half dozen 
families. 

At the usual age, the subject of this sketch was sent to the village 
school, which he attended regularly until he reached his sixteenth year. 
His mind developed rapidly, and gave early evidences that it was pos- 
sessed of more than ordinary powers. His capacity and desire to learn 
made him always a favorite with his teachers ; and it was but seldom 
he was given to understand, by practical illustration in his own person, 
that the system of education, in those times, had for its corner-stone 
the precept of Solomon, rather than the milder doctrine now happily so 
popular, of the Roman poet : 

Ferulfeque tristes, sceptra paDdagogorum, 
Cessant et dormiaut. 

In November, 1830, he was sent to the Ohio University, at Athens, 
in which institution he remained upwards of three years. During that 
period, he applied himself closely to his studie's, and was noted for the 
extent of his mathematical and classical attainments. The taste he 
then acquired for those branches of learning he has never lost. 

While connected with the university, in 1832, he took a prominent 
part in a meeting of the democratic students ; and acted as chairman of 
the committee which reported resolutions laudatory of Gen. Jackson's 
veto of the bank bill, and approving the policy of the administration 
generally. The resolutions, mostly from his pen, were published in the 
Washington Globe, from which they were copied into the Ohio papers 
with highly commendatory notices of their perspicuity, spirit and sound 
democracy. His party associations, thus early formed, have not since 
been changed. 

At the commencement of the summer session, in 1834, he entered 
the Miami University, at Oxford, Ohio, where he finished his college 
studies, in September, 1835. The class to which he belonged was the 
largest which had graduated at that popular institution, and embraced 
several names which have since become widely known. Among his 
classmates were the Hon. W. B. Caldwell, the present Chief Justice of 
the state of Ohio, Gen. Samuel F. Cary, whose successful labors in the 
temperance cause have given him a national reputation, and others who 
have highly distinguished themselves at the bar, in the pulpit, and the 
halls of legislation. By the unanimous vote of the faculty, the first 
honor of his class was awarded to him ; and to mark emphatically his 
clear title to the distinction, the words '■'■Primus, JPrimoruni'^ were in- 
dorsed on his diploma. Under a provision of the constitution of the 
Literary Society, with which he was connected, a gold medal, with 
suitable inscription, was bestowed upon him, in testimony of the posi- 
tion he held in his class, — an honor to which but one other mem- 
ber of the society ever attained. 

Upon quitting college, he entered upon the study of his profession, 
at Indianapolis, Indiana, which he prosecuted until the next summer, 
when he accepted the offer of a responsible place in the engineer corps, 
on the Wabash and Erie Canal. Resigning the position at the end of 
a year, he resumed his law-studies, in the office of the Hon. Albert S. 
White, of Lafiiyette, and was admitted to the bar in 1838. In the 



136 DISTINGUISHED AMERICAN LAWYERS. 

summer of that year he located at Delphi, Indiana, the seat of justice 
of Carroll county, to whose citizens he had become generally and fa- 
vorably known, by public addresses delivered by him on several occa- 
sions. His speech, in 1837, in opposition to the principles, and de- 
nunciatory of the purposes of the abolition party, which was then 
organizing for its career of agitation, was much commended. At that 
early day, he depicted the necessary consequences of the movement, 
and anticipated much of what has since unfortunately become history. 

The period at which he commenced the practice of the law was one 
of great pecuniary embarrassment and distress. His professional emolu- 
ments were, therefore, limited, though he soon acquired and retained a 
full share of such business as came before the courts. Escaping thus 
the misfortune of being engrossed from the start in the practice of his 
profession, he was enabled to study his principles more thoroughly ; 
and he devoted himself to his books with untiring zeal and persever- 
ance. His reading was confined principally to the old writers upon 
the law, and the earlier English reports. During this time, also, he 
added largely to his knowledge of the mathematics, and studied criti- 
cally a large portion of the Greek and Latin classics. 

In December, 1839, he was elected principal clerk of the Indiana 
house of representatives ; the duties of which office he discharged, in 
the midst of unusual political excitement, with marked commendation 
from all quarters. 

The year following, he was put in nomination by his party, as a 
candidate for senator, from the counties of Carroll and Clinton. The 
violent and embittered partisan spirit which marked the memorable 
contest of 1840, seemed to render the hope idle, that personal popu- 
larity, however great or well-deserved, could be brouglit to bear with 
any success in the canvass. It spoke highly for his standing with his 
fellow-citizens, that while his party was signally overthrown in nearly 
every quarter, his own majority in the district was much larger than 
had ever before, or has since, been given to any candidate for the same 
place. 

When he entered the senate, he was much the youngest member of 
the body. So marked, indeed, was his boyish appearance, that the 
intention was expressed by some of the senators, to call in question his 
constitutional right to hold the office. At the first session he was 
placed on the judiciary committee, and the committee on canals and 
internal improvements ; and was assigned the same positions the fol- 
lowing years. Of the latter committee, he was appointed chairman, in 
1842. During his term of service in the senate he took an active part 
in its proceedings, and originated and secured the passage of several 
laws of great importance to his part of the state. He was the zealous 
friend and advocate of all feasible plans for the extension of that vast 
work, the Wabash and Erie Canal. Though the interest of his district 
would probably have been temporarily promoted by arresting the pro- 
gress of the canal, at the point it had reached in 1840, he threw aside 
all local and personal considerations, and gave to such measures as 
looked to the prosecution of the work, a constant and cordial support. 

Upon all questions of a party character, he adhered strictly to his 
political principles. His votes were recorded against the resolutions 



v- 



HORATIO J. HARRIS, OF MISSISSIPPI. 137 



of the majority, calling for a national bank, distribution of the proceeds 
of the public lands, the protective tariff' policy, and a repeal of the 
independent treasury law. 

Shortly after the expiration of his senatorial term, he was elected 
auditor of public accounts, of which office he took charge in January, 
1844. When he entered upon its duties, the financial condition of the 
state was at the lowest point of depression. The foreign debt, on 
which no interest had been paid for three years, amounted to nearly 
twelve millions of dollars ; the entire revenues of the state were col- 
lected in treasury notes, which had been issued in 1840, to meet the 
claims of domestic creditors, and when once received for taxes, were 
required by law to be destroyed. The treasury, in consequence, was 
bankrupt. A loan from the bank, negotiated on harsh terms, supplied 
the means to defray the necessary expenses of the government. 

In his annual reports, as Auditor of State, he took bold ground in 
favor of making some speedy provision for the public debt. His views 
on that important subject were elaborately set forth in his report to 
the legislature, at the session of 1845. In that document, he repelled 
the charge, as a calumny upon the state, that she designed to repudiate 
her just obligations. The aggregate amount of her liabilities, on all ac- 
counts, he showed was upwards of sixteen millions of dollars, equal to 
one-seventh of the whole value of her taxable property. The prospect, 
he admitted, was gloomy enough ; but dark as it was, the path of 
honor was clearly discernible. Between duty and disgrace, he said, 
the state could not hesitate to choose. A proper regard for the highest 
interests of the people, he contended, imperatively required that prompt 
steps should be taken to place the public credit upon some safe and 
honorable basis. What those steps were, he proceeded to designate. 
The policy suggested in the report — such an arrangement with the pub- 
lic creditors as would bring the debt within the means of the state — 
was adopted by the legislature ; and having been cheerfully approved 
by the bondholders, the payment of interest was soon afterwards re- 
sumed, and has not since been discontinued. 

The measure, however, did not pass without strong opposition ; and 
it was confidently predicted, that the state would prove unable to com- 
ply with her part of the contract. In his next annual report, he took 
occasion to show, that her resources would not only be sufficient to pay 
the interest regularly, but that a fund applicable to the reduction of the 
principal would commence accumulating as early as 1852. His esti- 
mate, that the taxable property of the state, at the commencement of 
that year, would reach a hundred and seventy-five millions of dollars, 
was regarded by most persons as exaggerated and fanciful. Time has 
shown that he was far from being over sanguine. From the recent 
message of Governor Wright, it appears, that the property of the state, 
subject to taxation in 1852, is valued at more than two hvmdred mil- 
lions ; and there is, also, in the Treasury, for the first time in many 
years, a surplus appropriable to the piyment of the principal of the 
debt. The progress which Indiana has made since 184G, in all that 
constitutes the true glory of a state, has been too rapid not to have 
attracted general attention. 

About the time he was elected auditor, the legislature, in a frenzy 



138 DISTINGUISHED AMERICAN LAWYERS. 

of economy, abolished the law authorizing the employment of clerks in 
the office. During the three years he held it, he performed its varied 
and responsible duties without assistance. In that time, he audited 
claims against the state to the amount of more than three millions of 
dollars. His vouchers for that sum were approved, without exception, 
by the examining committee of the legislature ; and as no errors have 
since been detected in his accounts, it is to be presumed that none ex- 
ist. As the superintending officer of the revenue, he was frequently 
called upon to decide questions of great interest connected with its col- 
lection and disbursement. In the few instances of appeal from the cor- 
rectness of his judgment, he was fully sustained by the Supreme Court 
of the state. 

In the winter of 1843, the democratic conv-ention placed him on the 
State Central Committee. At that period, a large majority of the demo- 
cratic politicians in Indiana were warmly in favor of the nomination 
of Mr. Van Buren. Dissenting from them on this point, he had early 
committed himself to the support of General Cass, and, up to the meet- 
ing of the Baltimore Convention, took an active part in bringing him 
prominently before the country. He was the author and advocate of 
the first resolution which ever passed a public meeting in Indiana, ex- 
pressing a preference for that distinguished statesman, as the demo- 
cratic candidate for the Presidency. It was at his suggestion, and 
principally through his exertion, that letters were addressed, in the 
spring of 1844, to the delegation in Congress, expressing the opinion 
that Mr. Van Buren was not the choice of the masses of the party ; a 
movement which is said to have prompted the card of the delegation, 
shortly afterwards published in the Globe, in which they assumed an 
attitude of hostility to Mr. Van Buren's nomination, and thereby gave 
a powerful impulse to the opposition, which soon acquired strength 
enough to control the national convention. 

At the annual election, in 184G, the democratic party carried their 
candidate for Governor, but, owing to local causes, lost the legislature. 
In the election for auditor, Mr. Harris was defeated, on the second 
ballot, by a bare majority, having i-eceived the support of several 
members opposed to him politically. 

In January, 1847, he retired from office; and after spending a portion 
of the spring and summer in the city of New-York, as an assistant of 
the State Agent, in closing the arrangement with the bondholders, he 
removed to Mississippi, with the determination to abandon public life, 
and devote himself exclusively to his profession. He located at Jack- 
son, at which place he remained until the summer of 1849, when he 
removed to the city of Vicksburg, where he now resides. His practice 
is steadily increasing, and his just title to the character of a sound lawyer 
becoming generally admitted. 

In the summer of 1850, his nomination was sent to the senate, and 
by that body unanimously confirmed, as United States Attorney for 
the Southern District of Mississippi. As it was well known that his 
party connections had undergone no change, the appointment excited 
some surprise. To himself, it was wholly unexpected. 

He had scarcely entered upon the office, when he was called upon to 
take part in a proceeding, which attracted much attention throughout 



HON. Z. WHEAT, OF KENTUCKY. 139 

the whole country. A copy of the indictment in the Circuit Court of 
the United States, at New-Orleans, against Gen. Quitman, then Gover- 
nor of Mississippi, for an alleged participation in the Cardenas expedition, 
was forwarded to him, with directions that steps should be taken, under 
the act of 1789, for Gen. Quitman's arrest and removal. In the cor- 
respondence which ensued on the subject, between Gov. Quitman and 
himself, the position was virtually assumed by that gentleman, that 
being the representative of the sovereignty of the state, he could not, 
while holding his office, be arrested under a law of the United States, 
nor could he be removed, against his will, beyond the jurisdiction of 
Mississippi. And at the hearing before the District Judge, this doctrine 
was strongly insisted upon, by eminent counsel, on the part of the 
defence. The argument of Mr. Harris, in reply, gave evidence that he 
had studied the case in all its bearings, and had clear views of the true 
relations existing between the state and federal governments. The 
doctrines he contended for, were sustained by the court ; and the arrest 
and removal accordingly ordered to be made. As the proceeding was 
altogether novel in its character, and there was reason to apprehend that 
the interposition of some state court would be called for, the framing 
of a proper warrant became a matter of no little difficulty. The form 
drawn up by him was approved, and under it the arrest took place. The 
legality of the process was not called in question. 

In April, 1846, he was married, at the residence of Joseph E. Davis, 
of Warren county, Mississippi, to Miss Martha L. Quarles, a daughter 
of the late John H. Quarles, of Clarksville, Tennessee, and a prominent 
member of the bar in that place. 

His father died in 1832. After that period, the charge of his educa- 
tion was assumed by an old friend of the family, Mr. Nicholas M'Carty, 
of Indianapolis, Indiana: a name suggestive, to such as know him, of a 
thousand virtues. . 

His mother and three sisters still reside in his native town. A 
younger and only brother, Reuben Harris, is an officer in the Navy, in 
which service he is rapidly rising to distinction. 



HON. Z. WHEAT, 

JUDGE OF THE FIFTH JUDICIAL DISTRICT, KENTUCKY. 

There is much utility in biographical sketches of those men of our 
day and generation, who, by their own inbred merit, and native integ- 
rity, have attained to honorable positions amongst their contempo- 
raries. The youth, by such examples, are taught to emulate the 
virtues, strive for the excellence, and press forward with active hope, 
to those honors which reward the eflbrts of the meritorious, and crown 
the aspirations of virtuous ambition. 

Though there is nothing in the history of Judge Wheat which is not 
common to most of those who, in our free country, have won position 
by merit, and conquered a place in the history of their time ; yet, that 
very sameness constitutes the chief merit of his history ; because, 



140 DISTINGUISHED AMERICAN LAWYERS. 

by it a new inspiration is given to hope, and another incentive 
to honorable effort is communicated. To use a common phrase, 
Judge Wheat is a " self-made man." He was born in the county of 
Bourbon, Kentucky, on the 20th day of July, 1805, and is the sixth of 
twelve sons. His father was a farmer, and a man of high reputation 
for personal worth ; but in humble circumstances. 

Judge Wheat obtained a substantial English education, but does 
not enjoy the benefits of a classical training. He has, however, by his 
own industry and application, acquired a large fund of varied learning, 
besides the legal lore with which he has stored his memory. He 
served an apprenticeship to the trade of a saddler ; and, by industry 
and economy, had laid by a small, but sufficient sum to enable hijn, at 
the age of twenty -two years, to commence the study of law, and pre- 
pare himself for the profession in which he has since distinguished him- 
self. 

He prosecuted his studies in the office of Cyrus Walker, of Colum- 
bia, Adair county, Kentucky, a gentleman eminent, at that time, for 
his high intellectual endowments and legal attainments ; and who 
ranked high with the bar of Kentucky. Jud^e Wheat prosecuted his 
studies with an energy of application which gave ample presage of his 
subsequent success. Having devoted himself to his books for two 
years, under the supervision of his distinguished preceptoi', he applied 
for, and obtained a license to practice as attorney and counselor in the 
year 1829, the twenty-fourth year of his age. 

He located himself at Columbia, where he has since continued to re- 
side ; and entered immediately upon his professional career. Success 
greeted him at the threshold. By his industry, application to his pro- 
fession, his upright deportment, and honest dealing with those who 
sought his professional aid or advice, he secured, at the commence- 
ment, a good practice, which he ever after maintained and increased. 
The bar, at the time Judge Wheat entered upon the practice, was illu- 
minated with the wit, the learning, and genius of such men as Richard 
A. Buckner, Samuel Brents, Cyrus Walker, William Owens, &c. ; 
men whose great mental force would have impressed any age or 
country with the stamp of their genius. So far, however, from being 
deterred by such competition. Judge Wheat learned from their suc- 
cess to aspire ; and his ambition stimulated him to press onward and 
upward in the pathway of honorable distinction. In the year 1832 he 
was appointed to the office of commonwealth's attorney, by Thomas 
Metcalfe, the governor of Kentucky. 

This opened up to him a larger field for the development of his na- 
tive powers. Being, by his oflieial position, thrown upon his own un- 
aided resources, and brought in continual contact with the entire 
strength of the bar, at that time brilliant with intellectual stars, his 
own mental resources were called into full requisition and rapid de- 
velopment. He soon won a stand amongst the elder fraternity of the 
bar ; and his professional success and reputation was no longer a pro- 
blem, but a demonstration. 

He was continued in the office (except two years, during which time 
S. Buckner held the appointment) until May, 1849. The Hon. C. 
Tompkins, Judge of the 8th Judicial District, having tendered his ro- 



HON. Z. WHEAT, OF KENTUCKY. , 141 

signation, it became necessary to supply his place, — a task difficult to 
perform. Not because there was any want of able men to fill the 
vacant bench, but because few men, if any, could supply the place of 
Judge Tompkins, — a man of profound mind, varied and thorough learn- 
ing, and wrought in the finest mould of intellectual and moral excel- 
lence. To fill the vacant bench, and close the mental, moral and social 
hiatus created by the withdrawal of Judge Tompkins, the bar unani- 
mously recommended Judge Wheat to the governor for the appoint- 
ment. Governor J. J. Crittenden, most heartily concurring with the 
bar, immediately tendered a commission to Judge Wheat, which he ac- 
cepted the latter part of May, 1849, and entered upon the discharge of 
his duties. Judge Wheat executed the duties of his station with such 
impartial justice and ability as to command the approval of the bar, the 
sanction of the country, and the praise of all. The people of Ken- 
tucky called a convention to remodel their organic law, and in 1850 
had the result of their convention labor submitted to them for ratifica- 
tion or rejection. The proposed constitution, in many important parti- 
culars, differed materially from the old, and met with an honest and de- 
cided opposition. The feature proposing an elective judiciary was re- 
garded by the opponents as fraught with most danger, and against this 
feature the force of their logic and rhetoric was directed. In Judge 
Wheat's district it was the common answer with the masses to deny 
the conclusion of the opposers by asserting the proposition that Judge 
Wheat would be re-elected. This argument of fact, granted by every- 
body, made it somewhat ponderous. 

The new constitution prevailed, and the argument of the masses be- 
came a verity. Judge Wheat was chosen by the people at the May 
election, 1851, without opposition, to fill the first tei'm of Judge of the 
5th Judicial District, composed of the counties of Adair, Casey, Clinton, 
Cumberland, Greene, Lincoln, Pulaski, Russell, Taylor, and Wayne. 
The districts being reduced from 19 to 12, were greatly enlarged ; and 
Judge Wheat's old district (except one county) was united with other 
counties to compose the new, over which he at present presides. The 
promptness and dispatch, together with the ability with which Judge 
Wheat has discharged the greatly increased labors of his office, has fully 
justified the wisdom of his selection by the people. The unanimity of 
his election affords a strong conclusion in favor of an elective judiciary; 
and although the writer of this memoir was himself opposed to the new 
constitution, yet truth constrains the admission, that so far the elective 
system is well vindicated by the excellent selections made by the peo- 
ple. May they ever continue to choose as wisely ! 

The elements of Judge Wheat's success are — industry, strict attention 
and perseverance in business, and high integrity, combined with a strong 
and vigorous intellect. He started with the determination to honor his 
profession. When consulted for advice, his uniform course was to 
ascertain all the facts, examine the case presented in all its bearings, 
and give an honest opinion to his client, after fully digesting the law 
and facts. By this course, he was successful in his suits, and won for 
himself golden opinions of men. He was frequently told by those who 
came to consult him, that their neighbors had recommended him to 
them as an honest lawyer, and therefore they sought his counsel. 



142 DISTINGUISHED AMERICAN LAWYERS. 

Such avowals will be appreciated as a high compliment, when we 
consider the deep-seated though unjust prejudices which are held in stub- 
born tenacity by the public mind in relation to the legal fraternity. To 
be an honest laivyer is, to the vulgar, to be a sort of wonder, a real prodigy 
affording food for conjecture and amazement to the understandino- of the 
many ! Alas ! how we are misunderstood and wrongly judged by those 
who make asses of themselves to convict us of villany ! It is to be hoped 
that a more general diffusion of knowledge will enable the masses more 
correctly to appreciate the legal profession, — a profession which has 
ever embodied the enlightened integrity of all civilized countries. 
Until that time arrives, each member of the bar should, by his own de- 
portment, enforce for himself from the reluctant confidence of the 
prejudiced many, the same tribute yielded to Judge Wheat — " He is an 
honest lawyer!" 

While commonwealth's attorney. Judge Wheat discharged the duties 
of that office with fidelity to the government and honor to himself. He 
ever discountenanced trivial and malicious prosecutions ; yet he always 
with a steady eye pursued, and with unswerving energy directed the 
bolts of justice, with certain aim and condign force against the guiltv. 

In person, Judge Wheat is above the common size, and is now 
slightly inclined to corpulency. His features are strongly marked and 
well defined ; but he is not to say handsome, though a fine-looking man. 
His manners are easy and dignified. 

He is now in the rich prime of intellectual manhood, having a fine 
physical constitution, which gives the hopeful promise of years of future 
usefulness. His brain is large, giving him a strong and vigorous mind. 
His intellect is not of that vivid kind which marks its way in lightning 
flashes and meteoric splendor, but of the solid, laborious working 
class, which drives on, with determined force, to conclusion. As a 
speaker, Judge Wheat is argumentative and forcible, with animation 
sufficient, and a considerable fund of humor. His sallies are often ex- 
tremely rich and racy. His voice is defective in melody, but of suffi- 
cient compass. 

His gestures and manner are peculiar to himself, being formed upon 
no particular model ; at times are graceful and easy, at others, stiff, 
and occasionally uncouth ; but all are expressive. 

^ In his intercourse at the bar. Judge Wheat was ever courteous to 
his professional brethren, and respectful to the bench. He is eminently 
kind and social in his sentiments and feelings ; and many young law- 
yers have yielded him the treasure of their hearts' rich gratitude for the 
exercise of that instinctive kindness which always brought him to their 
aid in their first struggles at the bar. 

He was ever ready to stretch forth the strong arm of his experience, 
and buoy up the young lawyer who was sinking under the combined 
weight of embarrassment and stronger opposing force. By such 
habitual acts of disinterested kindness — that noble sympathy, which 
has but to see, to relieve — he has attained a hold upon the afiections of 
many of those who compose his bar, which cannot be shaken by cir- 
cumstances, or destroyed by time. As a judge, he is patient, impartial, 
and able ; courteous, forbearing, and kind to the bar ; considerate in 
his deportment to all. In politics, he has ever been a firm and decided 
whig. 



HON. Z. WHEAT, OF KENTUCKY. 143 

But the crowning excellence of all his praises and honors is, that he 
is a pious and devoted christian, liviug much in the enjoyment of re- 
ligion : he is a member of the Baptist church. 

Judge Wheat has been twice married, and as often deprived of the 
sweet solace and companionship of his wife by death. He was first 
married, in 1830, to Miss Monroe, daughter of Hon. Benjamin Monroe. 
With her he lived in the enjoyment of that wealth oi' earthly happi- 
ness, which is found alone in the family circle around the fireside of do- 
mestic love. She was taken from him, and departed into higher be- 
ing, in the springtide of womanhood, while yet all the freshness of the 
heart's rich love gave forth the sweets of its primal bloom. She left 
him in charge of two infant daughters, pledges and memorials of their 
love. She died in 1836. 

In the year 1845, being still in the prime and vigor of life. Judge 
Wheat sought, and obtained in marriage, the heart and hand of Miss 
Frazier, a lady of cultivated mind and well-trained moral affections ; 
possessing those amiable qualities of gentleness, which make home a 
paradise to the husband's heart. Two children, a daughter and son, 
blessed this union ; but in the summer of 1849, " the pestilence that 
walketh in darkness," and " the destruction that wasteth at noonday," 
settled upon Columbia, and devoted many cheerful hearts and happy 
homes to the desolation of death, and the wasting melancholy of sad 
and mournful memories. Amongst the number, the wife and infant son 
of Judge Wheat joined the convoy of blessed spirits, who departed to 
" enter upon that rest which remaineth to the people of God." He was 
left a second time to mourn; " but not as those who have no hope ;" 
for a Christian's faith and hope gemmed the pure life of his depaited 
companions. Such afflictions, however, have impressed some lines of 
sadness upon his countenance, which may be traced by the sympathetic 
eye of those whose hearts have been schooled in kindred griefs. As a 
husband and flither, Judge Wheat has but few equals, and no superiors : 
he lavishes the whole treasure of his heart's pure affections upon his 
family ; and in no instance has he ever departed from the gentleness of 
the husband or kindness of the father. He is now a widower, and will 
most likely so remain. He devotes himself for those who yet cheer 
his life with the pure, sweet rays of filial affection ; and when he shall 
have " finished his course," he can lay down to rest, cheered by the 
hope of a Christian faith, and surrounded with the halo of a well and 
usefully-spent life ; and it is to be hoped, that his days may yet be 
as many as they are useful. 



144 DISTINGUISHED AMERICAN LAWYERS. 

HON. WILLIAM H. BATTLE, 

OF CHAPEL HILL, NORTH CAROLINA. 

William Horn Battle, at present one of the Judges of the Supe- 
rior Courts in North Carolina, was bom in the county of Edgecombe 
in that state, on the 17th day of October, 1802. He was the eldest 
son of Joel Battle, a wealthy and enterprising citizen, and a great- 
grandson of Elisha Battle, who moved from Virginia to the banks of 
Tar River, about a century ago, and afterwards became one of the 
pioneers of liberty in North Carolina. After pursuing a preparatory 
course at a variety of academies, the subject of this sketch was trans- 
ferred to the university of the state, at Chapel Hill, in January, 1818, 
and became a member of the Sophomore class. Here he was distin- 
guished as a diligent and successful student, and upon graduating, in 
June, 1820, although at an unusually early age, received the valedictory 
oration, then the prize of the second scholar in the class. Among his 
classmates were Bishop Otey, of Tennessee, and B. F. Moore, Esq., 
the late able attorney-general of North Carolina. In September of 
the same year, Mr. Battle entered the office of the late Chief Justice 
Henderson, and remained as a student with him until January, 1824, 
when he obtained license to practice law. It is usual in North Carolina 
for candidates for the bar to undergo two examinations before the 
Supreme Court, separated by an interval of a year. The first license 
extends to the county courts, whilst the second includes all other tri- 
bunals. Mr. Battle, during his stay with Judge Henderson, having on 
different occasions attended his preceptor as amanuensis, upon his judi- 
cial duties in Raleigh, his proficiency in his studies was so well under- 
stood, that not only did the court decline causing him to undergo a 
regular examination, but insisted upon giving him both licenses at the 
same time. On the first of June, 1825, Mr. Battle married Lucy M., 
daughter of Kemp Plummer, Esq., a distinguished lawyer of War- 
renton. North Carolina ; and in Januaiy, 1S27, settled for the practice 
of his profession in the county of Franklin. 

The early career of our young lawyer gave little promise of future 
success and eminence. Although introduced to the bar with the advan- 
tage of his reputation, both at Chapel Hill and before the Supreme 
Court, and though of exemplary morals and business habits, he went 
the circuit for several years with but little practice. And now, that he 
has reaped the honors of his profession, he is fond of encouraging his 
younger brethren by referring to the time when years of unsuccessful 
competition had so dispirited him, that even the influence of his wife 
could scarcely induce him any longer to face the cheerless prospect 
apparently before him. Instances of early disappointment followed by 
marked success in later life, are sufficiently frequent in the profession of 
law to deserve attention, and afibrd the proper comment upon the 
'■'■ prcepropera praxis'^ of its old master. The name of Judge Battle 
may be added to the already illustrious list of men who employed the 
slow years of constrained leisure which fell to their lot in their early 



HON. WILLIAM H. BATTLE, OF NORTH CAROLINA. 145 

professional career, in pondering those weighty sentences with which 
Lord Coke commences that admirable introduction to his Book of 
Entries : — " He that duely considereth (learned Reader) the theoricke 
and practique parts of the laws of England, that is the Knowledge in 
universalities and the Practise in particulars, shall find that most aptly 
to be applied to this profession that long since was spoken of another, 
Ars longa, vita brevis, studium, difficile, occasio prceceps, experimentum 
periculosum. A learned man in the laws of this realm is long in mak- 
ing, the student thereof, having sedentariam vitam^ is not commonly 
long-lived, the study abstruse and difficult, the occasion sodaine, the 
practice dangerous." Those who are so happy as to live under the ad- 
ministration of the law by one whom the highest authorities at the 
bar, and upon the bench, in North Carolina, unite in characterizing as 
in every various quality of ability, accomplishment, firmness, purity, 
patience and courtesy, entirely fitted for the highest judicial station, 
will find small cause to regret that William H. Battle spent so little 
of his time, twenty -five years ago, upon the assault and battenj, and 
petition dockets of his circuit ; nor will they be slow to acknowledge 
the claim upon North Carolina, of that gentle and patriotic influence 
which preserved one of its chief ornaments to the magistracy of the 
state. 

The county of Franklin, in those days, supported the administration 
of General Jackson, by a vote of at least seven to one ; and Mr. Battle 
found himself with'small prospect in the line of political promotion. 
However, having been twice defeated in previous years, he was elected 
to the lower house of the legislature, in 1833, by a very large, and in 
that county, almost unprecedented majority. He was chosen a second 
time, in spite of violent political opposition, in 1834 ; and under writ- 
ten instructions, prepared after his election and signed by a large ma- 
jority of the voters in the county, voted for the Hon. Bedford Brown 
foi* United States Senator. Although thus ready to acknowledge the 
right of the people under proper circumstances, to control the action of 
a representative, yet during the same session he strenuously opposed, 
and in a minority of twenty-eight out of some two hundred members, 
voted against the abstract proposition that the legislature has a right to 
instruct senators in Congress. Mr. Battle never was a partisan. 
Although decided in his views of public policy, his natural temper was 
averse "to the heats and bitterness of public life. Excepting an 
attendance upon the convention which nominated General Harrison for 
the presidency, in 1839, his career as a politician closed with his second 
session in the legislature. Since that time he has given himself entirely 
to his profession, and although he may retain ancient preferences for 
principles, no man is more conscientiously alive to the necessity for 
excluding from his present sphere of duty, the fatal attraction and bias 
of partisanship. 

In 1832, Mr. Battle had occupied himself in preparing for the press 
a second edition of the first volume of Haywood's Reports. Members 
of the bar in North Carolina take great pride in the ability displayed 
in this early record of the decisions of the state tribunals. A learned 
gentleman remarked some twenty years sinee, that, although a constant 
reader of the English Reports, the only case from the American books 

10 



146 DISTINGUISHED AMERICAN LAWYERS. 

which he had seen cited in them, was that of Ingram v. Hall, contained 
in 1st Haywood, in Avhieh the couit considers and exhausts the com- 
mon law learning upon the question — what are the essentials of a deed? 
A second edition of this book being called for, Mr, Battle undertook 
the task, and greatly improved it by the addition of notes, directing 
the reader's attention to such changes as, in the course of forty years, 
legislation or new decisions had introduced into the state law. The 
manner in which he acquitted himself of this employment, made so 
favorable an impression upon the governor of the state, that in the 
course of the next year he was appointed, in connection with two emi- 
nent gentlemen of much longer standing at the bar, upon a commis- 
sion raised by order of the legislature to revise the statutes. Pre- 
viously to this time, questions connected with the lex scrijjta were the 
most perplexing of any that engaged the attention of the practitioner 
in North Carolina. Various acts, it is true, extending from the year 
1715 to 1820, had been passed 'by the legislature, which affected to 
define the portion of English enactment in force here ; but the style of 
definition that was adopted — embraced fijr instance in such expressions 
as all statute laws of England — '•'"providing for the privileges of the 
people^'' or, '■'•preventing immorality and fraud,'''' or, '•'• not otherwise 
provided for in the whole or in part^'' or, lastly, " not become obsolete^'' 
shall be recognized as laws of this state, left the matter as much in 
doubt as before. In order to simplify the subject, commissioners were 
appointed in 1817 to enumerate and specify the British statutes still 
to be regarded as law. This was done ; but as the specification did not 
have the effect of repealing such acts as were omitted in the report, 
and was in no part entitled to more weight than that due to the legal 
reputation of the gentlemen who made it, it is manifest that there was 
still room for hesitation. So true is this, that in North Carolina, as 
late as 1835, a counselor could not 'give advice upon many matters of 
every-day importancefwithout consulting Rvff head's Statutes at Large ; 
and then, having found the statute applicable to his case, perplexing 
himself infinitely, not only upon questions of obsolete phraseology, but 
also much more "about nice points connected with the 2^^ivileges of the 
people, technical immorality and fraud, repugnancy to freedom, and so 
forth — points of embarrassment created, we may add, by the benevo- 
lent wish upon the part of our state legislators to free the subject from 
its manifold difficulties. To rid the profession of this incubus, and to 
render private citizens more certain of the law under which they were 
living. Governor Swain prevailed upon the General Assembly to order 
the new commission, upon which he appointed Mr. Battle, in connection 
with Ex-Governor Iredell and Gavin Hogg, Esq. ; the place of the 
last named gentleman, in consequence of his declining health, having 
been subsequently filled by the Hon. Frederick Nash, now of the Su- 
preme Court. After three years, the commissioners submitted the 
revised statutes to the inspection of the legislature. The publication of 
this volume was an era in the history of law in North Carolina. The 
lex scripta became settled, citizens were less in danger of innocently 
involving themselves in litigation, professional gentlemen were no 
longer necessarily in doubt as to their opinions, and the legislature, by 
a knowledge of what was the existing condition of the statutes, was 
better enabled to apply the hand of amendment and reform. 



HON. WILLIAM H. BATTLE, OF NORTH CAROLINA. 147 

In 1834 Mr. Battle had been associated with Mr. Devereux in re- 
porting the decisions of the Supreme Court. Upon the resignation of 
the hxtter gentleman in 1839, he became sole reporter. The duties of 
this office requiring an almost constant residence in Rjileigh, he re- 
moved his family to that place in the same year. In August, 1840, 
upon the resignation of Judge Toonier, Mr. I3attle was appointed by 
Governor Dudley, and in the following winter elected by the legisla- 
ture, one of the judges of the Superior Courts. His ties to Raleigh 
being thus severed, and being desirous of superintending in person the 
collegiate education of his sons, he removed in 1843 to Chapel Hill, 
where he still continues to reside. In 1845 he was elected by the 
Trustees of the University to the Professorship of Law, without any 
regular salary, however, and with no part in the government of the 
institution. In May, 1848, he was appointed by Governor Graham 
one of the judges of the Supreme Court, in the place of the Hon. Joseph 
I. Daniel, deceased, but failed to have that appointment confirmed by 
the legislature ; although by the same body, upon the resignation of 
the Hon. Augustus Moore, he was, without opposition, chosen to fill 
again the seat which he had vacated in the spring preceding. The 
cause of his failure before the legislature is best explained by the fol- 
lowing correspondence, which appeared in the newspapers of the day : — 

" House of Commons, J 

''Dear Sir:— " January d, 1849.) 

" We have to-day, by a vote highly honorable to the General As- 
sembly, determined, by electing you to the office of Judge of the Su- 
perior Court, to do justice to the wishes of a large majority of the good 
people of North Carolina, without distinction of party. 

"The preference of another to you for a still higher judicial station, 
was owing principally to your residing in a county where there are 
already three judges, a governor, and a senator in Congress. 

" In the name of our constituents, and as your friends, we most re- 
spectfully ask that you will accept the honor now tendered you by a 
vote of so large a portion of both parties in the General Assembly. 

" We ask leave to offer our congratulations to you, that in the midst 
of great excitement no man has attributed to you the slightest im- 
propriety, either in your official or personal conduct — and that you 
have not sought office, but office has sought you. 

" With high respect, your ob't serv'ts, 
" Edward Stanly, 
Wm. L. Long, 
Richard H. Smith, 
F. B. Satterthwaite, 
W. J. Blow, 
R. G. A. Love, 
Newton Coleman, 
W. B. Wadswortii, 
J. S. Erwin, 
A. G. Logan, 
Thomas J. Person, 
RoBT. B. Gilliam. 
" Hon. William H. Battle, ) 
Chapel Hill." \ 



148 DISTINGUISHED AMERICAN LAWYERS. 

Raleigh, Januarxj 9th, 1849.* 

Gentlemen : — I have the honor to acknowledge the receipt of your 
letter of to-day, infonning me that the General Assembly have, by a 
large vote, given without distinction of party, elected me a Judge of 
the Superior Courts. For this proof of the confidence of the repre- 
sentatives of the people, exhibited without any solicitation on my 
part, in the midst of much party excitement, I feel profoundly grateful. 

If a proper sense of the duty which every man owes to his country, 
were not alone sufficient to induce me to accept the important and 
responsible office which has been tendered to me, the very kind man- 
ner in which you, whom I take pride in numbering among my warmest 
friends, press my acceptance of it, would scarce leave me at liberty to 
decline it. 

The complimentary terms in which you have been pleased to allude 
to the propriety of my official and personal conduct, have excited in 
me no ordinary emotions of satisfaction, and will serve, I trust, as an 
additional incentive to urge me to endeavor to secure the continued 
approbation of my friends and my country. 

With high consideration^ 

I am, sincerely yours, 

Will. H. Battle. 
To Hon. Edward Stanly, and others. 

To those who are aware of the amount of prejudice which springs up 
in other parts of a state against localities that, by temporal good for- 
tune or by accident, have secured a larger proportion of official patron- 
age than properly falls to their share — a prejudice neither unnatural 
nor generally unwholesome — Judge Battle's want of success will bring 
but little surprise. On the contrary, they will consider it no small 
compliment that a resident of Orange county should be regarded as 
possessing qualities such as to overcome, in any degree, the natural 
aversion to heap distinctions upon a portion of the state already 
honored beyond its comparative deserts. Since his re-election. Judge 
Battle has been sedulously. engaged in discharging the high duties of 
his office. No one better adorns judicial station. Although rivaled, 
or even excelled, in particular endowments, yet in the sum of qualities 
desirable in a judge, it were not easy to approach nearer to the model 
of a magistrate, or to afford a finer exemplar to all who are ambitions 
of the highest honors of their profession. 

It is cause of regret that we have upon record so few specimens of 
Judge Battle's judicial powers. In North Carolina, no report is made 
of the proceedings of the Superior Courts ; and during the short time in 
which the judge sat upon the Supreme Court bench, no case of any very 
great importance or novelty came up for decision. However, there is 
in the Reports a dissenting opinion filed by Judge Battle, in a case of 
murder, which attracted considerable attention at the time. The point 

♦ It appears from the paper which we quote, that unexpectedly to the gentle- 
men whose names appear to the above letter, Judge Battle had arrived in Raleigh 
pending the election, lor the purpose of appearing as counsel before the Supreme 
Court. 



HON. WILLIAM H. BATTLE, OF NORTH CAROLINA. 149 

upon which the appeal turned was the competency of evidence of the 
general character of the person killed, with a view to mitigate the slay- 
ing to manslaughter. As the dissenting opinion deals rather in argu- 
ments derived from the obvious principles of human nature, than in 
those based upon precedent or mere technicality, we present an extract 
as a specimen of Judge Battle's manner. 

"I cannot concur with the majority of the court upon the question of 
the admissibility of testimony offered by the prisoner, to show the cha- 
racter of the deceased for violence. * * * * All the fects and cir- 
cumstances which surround the main fact of the homicide, in a judicial 
investigation, become matters of vital importance, and ought to be ad- 
mitted in evidence whenever they promise to throw the least light upon 
it. It seems to me, that the character of the deceased for violence is one 
of those attending circumstances which will always have some, and often 
an important bearing upon that which must necessarily be the subject 
of inquiry — that is: What were the motives which impelled the slayer 
to act ? Take first the case where the prisoner excuses himself upon 
the ground that he killed the deceased in self-defence. To sustain this 
allegation, he must show to the satisfaction of the jury, that he was 
assailed, and that, before he gave the fatal blow, he retreated as far as 
he could with safety to his own life; or that the violence of the assault 
was such that retreat was impracticable. Is it not manifest that his 
apparent danger would depend much upon the general character of the 
assailant for mild and amiable, or for violent and ungovernable disposi- 
tion 1 From an assailant of the former character he would have little 
to fear under circumstances in which, from one of the latter, his life 
would be in imminent peril. Let it be recollected, also, that he has to 
judge and to act at the instant upon the most tremendous responsibility. 
If he strike too soon, he is condemned to a felon's death upon the gallows; 
if too late, he falls by the hand of his adversary. Surely the jury that trie* 
him ought not to require proof of the same forbearance when attacked 
by a man of blood, as when by one generally of peaceable deportment. / . 
Undoubtedly his danger would be greater in the one case than in the ''^ 
other. Why, then, it may be asked, shall he not be allowed to prove 
it 1 Evidence of the superior physical strength of the deceased js 
always admitted ; why, then, not admit evidence of that which gives t o 
physical strength much of its force and all of its dangerousness ? It 
appears to me, likewise, that the privilege which the prisoner has of 
showing his own reputation for peaceable demeanor, is of an analogous 
nature. Testimony for the prisoner of this latter kind is not only ad- 
missible, but it has been said by authority very high in North Carolina, 
that it is fi-equently of much weight. * * But it is said that the right 
to kill does not depend upon the character of the slain ; that the law 
throws the mantle of its protection alike over the violent and the gen- 
tle, as the rain falls from Heaven equally upon the just and the unjust. 
It is true that the killing of a violent and bloodthirsty man, without 
provocation or excuse, is as much murder, as the killing of any other 
man ; but I contend that, in ascertaining whether there was any such 
provocation or excuse, the character of the man for violence affords im- 
portant presumptive testimony in behalf of the accused. It is urged, 
again, that where the proof that there was no legal provocation is posi- 



150 DISTINGUISHED AMERICAN LAWYERS. 

tive and clear, the evidence of character can have no effect, and therefore 
ought to be rejected. To this I may answer, that plenary proof upon 
one side can never justify the rejection of testimony otherwise compe- 
tent upon the other. The argument so advanced appears to me to con- 
found the competency of testimony with its effect^ — State vs. Barfield, 
8 Iredell, 344, et seq. 

Judge Battle is yet in the prime of judicial life. A constitution 
naturally good, and well fortified by regularity of life and an even tem- 
per, has preserved his outer man from the marks incident to vita 
sedentaria and close study. As an officer and as a man he is remarka- 
bly popular, and enjoys the entire confidence of the community. In 
truth, it seems to be one great aim of his life to render the administra- 
tion of justice acceptable, — not wholly unacceptable even to the punished. 
In no case has he sought or indeed placed himself in the way of official 
advancement. Unless in some exalted sense, we may say that in a free 
country and uncorruptedage, he who most clearly manifests his fitness 
for high office, most seeks promotion and most places himself in its way. 
So has it been in North Carolina in the past, consecrated by the eleva- 
tion of Haywood, Taylor, Henderson and Gaston ; so all admit it to be 
now whilst Ruffin presides in the last resort ; and that it may continue 
the enviable distinction of the state to a late posterity, must ever be 
the fervent prayer of her true citizens. We have confidence that this 
reputation will never suffer by any act upon the part of Judge Battle. 
Except in the way of earning, through long years, a name for modest 
excellence, unstained and unobtrusive morality, unwavering courtesy, 
extensive learning, and a judgment firm and impartial, it cannot be said 
that he ever solicited any man's influence or vote. With hearty acknow- 
ledgment of the past usefulness of this her worthy son, his native state 
looks forward to many other years of service and renown. 

In stature. Judge Battle is under the average size. He walks with an 
active step, is uniformly neat in his person, has an engaging address, 
and his features commonly wear a pleasant smile. He is a consistent 
member of the Episcopal Church. Since 1833 he has occupied a seat 
on the board of trustees of his Alma Mater. In this capacity he is a 
zealous and useftil co-worker with his friend President Swain in carry- 
ing forward many improvements which distinguish the later years of the 
University. We have before us two printed addresses by Judge Battle; 
one delivered at Wake Forest College in 1840, the other in 1843 upon 
the death of Judge Gaston, before the students of the University. Al- 
though he has thus occasionally ventured into the walks of literature, 
we cannot find that he has at any time been a regular votary of the 
Muses. Indeed, as since the time of Blackstone it has been quite the 
rage with lawyers, upon arriving at a certain time of life, or in entering 
upon the duties of some engrossing office, to labor out and publish a 
score of creaking elegiacs in flireweil of such Muse as up to that time 
they may have fancied themselves faithful to ; and as we have never 
stumbled upon anything of this sort from Judge Battle, it is fair to con- 
clude that he has never entered into such bonds. Nor would it be diffi- 
cult to hit upon the direction in which his vows have gone up. He is 
very happy in his domestic relations, and whenever off his circuit, if 
not engaged with his law classes, or in advancing his acquaintance with 



HON. EDMUND DILLAHUNTY, OF TENNESSEE. 151 

his profession, may be found in the bosom of his flimily. That he may 
fail in no index of the good citizen, Judge Battle has been blessed with 
a goodly number of promising children. We trust that the future has 
in store for him every happiness that can fall to the lot of the Christian, 
the good husband, ftithcr and friend. S. F. P. 

January 8, 1852, 



HON. EDMUND DILLAHUNTY, 

OF COLUMBIA, TENNESSEE. 



"5 



Hon. Edmund Dillahunty was born September 28th, 1800, on 
Richland Creek, a few miles south of Nashville. His ancestors were 
Huguenots, who fled from France after the revocation of the edict of 
Nantes, to enjoy, in the wilderness of America, that political and re- 
ligious liberty denied to them by the bigotry and superstition of their 
own government. Burning with a hatred of oppression, they settled on 
Chesapeake Bay in 1715, and helped to kindle that fire of freedom, 
whose light has gone forth from the American forests to dispel the 
gloom with which the long night of tyranny had shrouded the western 
hemisphere. 

The name is of French origin, and was originally spelt De la Hunti ; 
but his grandfather, Rev. John Dillahunty, having, at an early period, 
received an appointment connected with the land office in North Caro- 
lina, the name was spelt as at present in his commission ; and under 
the advice of counsel he changed the spelling of his name so as to cor- 
respond with his commission. 

His fother, Thomas Dillahunty, was but eight years old when the 
Revolutionary War broke out; and was, of course, too young to take 
any part in that memorable struggle. Arriving at man's estate, he 
found his father's fortune wasted by the war ; and despairing of being 
able to repair it in North Carolina, his adventurous and enterprising 
spirit led him to seek a home in the wilderness, west of the Cumber- 
land mountains ; and he settled where the subject of this sketch was 
born, when the city of Nashville was a small village, and the splendid 
country around it, now adorned with elegance and taste, was almost 
an unbroken forest. Born and reared amid the toils, dangers and pri- 
vations of a pioneer life, young Edmund acquired that energy and per- 
severance of character which have elevated him to his present honorable 
position. A character whose first principles were thus formed must 
be enduring ; and a mind where young energies were trained amid the 
stormy events of such a period, naturally acquires the habit of regard- 
ing no difficulties and obstacles as insurmountable, and nothing as in- 
vincible but itself. 

So soon as large enough to do efficient labor, he was placed on the 
farm, where he remained until he was about nineteen years of age; 
and at intervals, between the making and gathering of the crop, he was 
sent to the common schools of the country, where he acquired the ele- 
ments of an English education. Having selected the law as his pro- 



152 DISTINGUISHED AMERICAN LAWYERS. 

fession in life, he was sent to Greenville College, East Tennessee, where 
he remained for two year s, but from choice retired, without receiving a 
degree. The class of which he was a member while at college, has 
furnished several distinguished names ; among whom we recognize 
those of General Robert L. Caruthers, and Charles Ready, Esq., of 
Tennessee, and the late General George W. Crabb, of Alabama. 

On quitting college, he returned to his father's home, then in Ala- 
bama, and after remaining a short time with the family, he went to 
Columbia, Tennessee; and in 1823 commenced the study of the law, 
under the instructions of Robert L. Cobbs, Esq., one of the most dis- 
tinguished lawyers of his day. In the following year he was licensed 
I to practice law, and shortly afterwards received the high compliment 
of being taken into full partnership with his preceptor, which at once 
introduced him into an extensive and lucrative practice. His industry 
was untiring in the investigation of his causes, and he never came to 
their argument but after thorough preparation. His competitors soon 
found that they had but little to profit by his surprise or negligence. 
As a lawyer, his speeches were characterized more by strength and 
solidity of ai'gument, than' by rhetorical flourish and elegance of 
diction. 

In 1831, he was elected Attorney-General for the eighth Judicial Cir- 
cuit, by the Tennessee legislature, over the most powerful opposition 
that a young man ever encountered. The duties of this responsible 
office he discharged with ability and success, although sometimes en- 
countering in his prosecutions that arch magician of criminal lawyers, 
the late Felix Grundy. 

At the close of his term of service as Attorney-General, he was elected 
judge for the same circuit ; and so marked has been his ability, and so 
universally acceptable to both bar and people his conduct as a judge, 
that he has twice been unanimously re-elected to the same office. 
Learned in the law as a science, prompt in the decision of questions of 
law and evidence as they arise before him, patient in the argument and 
investigation of causes, and proverbially respectful and courteous to the 
profession, none seem to desire that his place should be given to another. 

But few positions involve more responsible duties, or afford more 
opportunities of doing good, than that of a circuit judge in Tennessee. 
His character is, in some degree, the standard for the bar, and his 
morality that of the community. If the fountain of justice be pure, 
it sends out a thousand streams that cover with moral beauty and ver- 
dure wherever they flow ; but if that fountain be corrupt, it distils its 
poison into every ramification of society. He who reflects back on the 
judicial ermine no less of honor than he receives from it, is a great pub- 
lic benefactor, and more justly deserves the applause of mankind than 
the military conqueror, whose triumphs bring slavery and degradation 
on our race ; and armed, as he is, with the power and authority of the 
law, he addresses himself alike to the fears and interests of offenders, 
and hence seldom fixils of being obeyed. 

As a judge, the subject of this' sketch has endeavored to elevate the 
tone and feeling of the bar ; to give the people confidence in the ad- 
ministration of justice, by convincing them that it is the palladium of 
their rights ; to direct public attention to the great truth, that ignorance 



HON-. EDMUND DILLAHDNTY, OF TENNESSEE. 153 

and intemperance are the parents of well nigh every crime ; and to 
bring all the powers of the law to the punishment of wickedness, and - 
the protection of weakness and innocence. Under his administration 
many inveterate oftenders against the law have been reclaimed, and 
become useful members of society ; and in some portions of his district 
once distinguished for lawlessness, the grand jury have, of late years, 
sat during a whole term without findin" a true bill. 

In 1845, during his absence, and without any solicitation on his part, 
he was elected Grand Master of Masons in Tennessee; and in 1846, was 
unanimously re-elected to the same place. In those two years he visited 
and lectured to most of the lodges in Tennessee, and Masonry was abund- 
antly prospered by his labors. His annual addresses to the Grand Lodge 
were received with enthusiasm by the brethren ; and the elevated senti- 
ments of morality they inculcate, are doubtless treasured up in the hearts 
of all true masons as a part of the jewels of the order. At his urgent 
solicitation, and that of a few others, the Masonic Lodges of Maury county 
were induced to purchase Jackson College, for the education of the 
sons of destitute masons. He is the duly elected visitor and lecturer 
on international law in this college. This institution is located at 
Columbia, and is in a most flourishing condition, and dispenses in our 
midst that sublime charity which is the key-stone in the masonic arch: 
for the sons of all destitute masons in this or the surrounding counties, 
can here enjoy the blessings of a thorough classical education, and that 
too, like the mercy of heaven, without money and without price. It 
is the child of his old age, and will long live as a monument of his liberal 
and enlightened policy. 

For the past sixteen or seventeen years of his life, Judge Dillahunty 
has, both by precept and example, waged an aggressive war upon intem- 
perance, and with a success that has blessed the labors of but few. All 
the energies of his mind, all the influence of his character, and all the 
powers of his office, have been brought to the suppression of this great 
evil. And in many instances by his efforts, hearth-stones where the 
demon of drunkenness had strewn the cold ashes of despair, have been 
lighted up by the fires of domestic peace and content. 

Judge Dillahunty resides one mile and a half west of Columbia ; and 
nature, improved by art, has made his country-seat one of the loveliest 
places in the world. There we may find almost every variety of shrubs 
and flowers, to the cultivation of which his leisure hours have been de- 
voted with a passionate fondness. But for the taste and elegance with 
which this rural retreat is adorned, we are chiefly indebted to his elegant 
and accomplished lady. 

In person, Judge Dillahunty is above the average size ; and in man- 
ners easy and prepossessing. Whatever may be the world's opinion of 
his ability as a judge, as a writer or speaker, it is around the social 
fireside, in the company of a few select friends, that he evinces the 
greatest superiority. Originally of a delicate constitution, yet by a 
strict regimen, and a faithful observance of the laws of life, he has 
enjoyed good health. And though time has sprinkled the frosts of its 
winter on his head, still his cheek has not lost its bloom, nor his eye its 
brightness. Everything about him indicates that he will enjoy a green 
old age, and the course of his life be like a summer evening's close. 



154 DIBTINGUISHED AMERICAN LAWYERS, 

HON. HENRY W. TAYLOR, 

OF CANANDAIGUA, NEW-YORK. 



The birtli-place of Judge Taylor was the small, but extremely roman- 
tic village of Deerfield, in the state of Massachusetts : a village some- 
what noted for its sufferings, by reason of Indian incursions, and their 
atrocities, during the last quarter of the 17th and the first quarter of 
the 18th centuries. 

His flither was a clergyman ; and for nineteen years the only pastor 
and settled minister of the gospel in that village. His salary was three 
hundred and thirty-three dollars per annum, upon which pittance he, 
for several years, supported his family, and reared seven children. 

In 1807, he removed to Enfield, in Connecticut, having been disabled 
from the performance of his clerical duties by a disease which deprived 
him of his voice. He was ardent in his love of learning, and anxious 
that his sons should receive a collegiate education ; but as may well be 
imagined, his pecuniary means responded but feebly to such aspira- 
tions. He, however, agreed to provide the necessary funds for his 
son Henry, so far as his limited ability would permit ; and for the rest, 
he must trust to his own resources. 

In 1812, Taylor was matriculated into the Freshman class of Yale 
Q)llege, and graduated there with honor in 1816. 

After his graduation, he immediately commenced the study of the 
law ; and after the usual pejiod spent in the offices of Spencer Cole- 
man, of E. Bloomfield, and the Hon. John C. Spencer, of Canandaigua, 
he was admitted to the bar at the close of 1819, and on the 1st Janu- 
ary, 1820, opened an office in that village. 

He was enabled thus to prosecute his studies without interruption, 
through the liberality of a much respected uncle, the late Hon. N. 
Terry, of Hartford, to whoni he found himself indebted when he com- 
menced business near $1,000, which, with his other pecuniary obliga- 
tions, exceeded $1,200. 

The village of Canandaigua at that time contained a population fall- 
ing shoit of two thousand ; but small as it was, it marshaled at its 
bar an array of the legal profession hardly equaled at any other in the 
state, and withal as much distinguished for moral worth as for profes- 
sional talent. 

Amoiig them were Nathaniel W. Howell, John Greig, John C. 
Spencer, Dudley Marvin, William H. Adams, Francis Granger, Walter 
Ilubbell, M. H. Sibley, Jared Willson, with others worthy of these 
professional associates. 

In the face of such a bar, and staggering under the weight of his op- 
pressive debts — destitute of all means or resources but his practice, 
and with no patronage or family influences to aid in the acquisition of 
business — he commenced his professional life. 

The difllculty of his position was forcibly illustrated by an incident 
sonie\vI:,,t, characteristic of the learned, amiable and honored Kent. 
At that time the rule required that an attorney should practice for 



HON. HENRY W. TAYLOR, OF NEW-YORK. 155 

three years in the law courts before he could apply for admission to 
practice in chancery. This probation having passed, and young Taylor 
being in Albany, arranged, through a friend, to take his examination in 
the evening, at the chancellor's room. 

At the appointed hour the chancellor received him very cordially — 
requested him to take a seat, and entered into an animated and most 
agreeable conversation about things foreign to the purpose of the meet- 
ing, which lasted for half an hour or more : when, seeming to awake to 
a consciousness of the business in hand, he suddenly turned and ac- 
costed him with, " I believe, Mr. Taylor, you came to be admitted to 
practice in my court," and " where do you reside ?" Being informed, 
he added in a way peculiar to himself — " and have you practiced law 
for three years in Canandaigua ?" " I want no other examination or 
proof of qualification : any young man who can sustain himself for 
three years at such a bar as they have at Canandaigua, is entitled to a 
license to practice in my court." 

Doubtless a wise decision would have led him to select a different 
spot for the commencement of his professional life ; but necessity rather 
than choice settled the matter; for having incurred pecuniary obligations 

at C , utterly beyond his ability to meet, he was too proud to 

leave the place until those obligations were discharged. 

His first suit in the Supreme Court was an action of ejectment, against 
a man residing forty miles distant. As might be supposed, he was 
greatly elated at his success — but his joy was considerably qualified, 
when he met the sober fact, that he had not the means to pay for 
service of the declaration ; and in this dilemma, he actually rode that 
distance on horseback, through a driving storm of snow and sleet, to 
serve it himself; having borrowed money to pay for his supper and 
lodging. 

Few young men have ever commenced professional life under cir- 
cumstances more disheartening than those of young Taylor: and they 
are referred to here, for the encouragement of others similarly situated, 
who may feel the burden of such discouragement too heavy for them to 
endure. Many such have sunk under its oppressive weight, and aban- 
doned a profession which they might have honored, could they have 
been persuaded that patience, perseverance, industry, and rectitude of 
conduct in all the relations of life, would have ultimately been crowned 
with success. 

In 1836, he was elected to represent the county in the legislature, 
in which station he continued to act for four years, much against his 
own wishes, but at the urgent solicitation of his political friends. 

At the time he took his seat, January, 1837, the custom of opening 
the daily sessions with public prayer, had for some years been discon- 
tinued, through the influence of Mr. Ilerttell, of New- York, and others, 
under the prevailing conviction that the practice had become unpopular. 

Against the judgment of several eminent friends,* whose advice was 
given under the impression that any such movement must prove 
abortive, Taylor, at an early period of the session, introduced a reso- 
lution, inviting the clergy of Albany to officiate as chaplains. This, as 



"Judges N. W. Howell, J. Sutherland, and Samuel M. Hopkins, of Ontario County. 



156 DISTINGUISHED AMERICAN LAWYERS. 

was expected, called out decided opposition, to which the mover replied 
in a speech, which was very generally circulated through the state. The 
resolution\ was rejected, by a vote of near or quite three to one. ' 

But so thorough a change had been wrought in public sentiment, in 
the mean time, that, on a renewal of his motion, at the succeeding 
session, he had the satisfaction of seeing it adopted by a unanimous 
vote. 

In his Political History of New- York, Mr. Hammond st ites that im- 
mediately after the suspension of payment by the banks of this state, 
Mr. Tracy introduced a law into the senate to suspend the operation of 
the law prohibiting the circulation of small bills, which was rejected, 
and afterwards states : that " Mr. Taylor, of Ontario, an active and lead- 
ing member, either brought in a bill or gave notice to that effect, (to 
repeal the law,) on the first day of the (next) session." Thus leaving 
the inference, that both the movement of Mr. Tracy and Mr Taylor 
arose out of the exigency of the suspension by the banks. But so far as 
Mr. Taylor was concerned, his action was in no way prompted by that 
occurrence, but by the settled opinion, that the law was useless and 
pernicious: and this appears from the fact, that on the 18th of April, 
and nearly a month before the suspension, he introduced a bill to repeal 
that law — at that time, by no means a popular movement. Had not 
this circumstance escaped the notice of Mr. Hammond, he would not, 
it may be presumed, have charged upon Mr. Taylor motives altogether 
unsustained by a fair statement of the case. 

These two matters, small as they seem to some minds, became the 
theme of universal discussion during the succeeding political campaign, 
and no doubt contributed, in an eminent degree, to the most complete and 
remarkable revolution known to the political annals of this state. 

While in the legislature, Mr. Taylor was repeatedly chairman of 
some of the most important committees, requiring great diligence and 
discrimination in the discharge of his duty. 

He took an active and efficient part in the creation of our free bank- 
ing system, and in originating and perfecting many other laws, the 
prevailing principles of which have now become the settled policy of 
the state. 

In 1839, he disagreed with his political friends in the policy of electing 
Mr. N. P. Tallmadge to the United States Senate ; and during that ses- 
sion and the succeeding one, he used every proper means to defeat his 
election. The wisdom of his course has since been very generally ad- 
mitted by the whigs of the state. 

He was also a member of the Harrisburg Convention, which nomi- 
nated Gen. Harrison for the presidency. The truth of history has 
been strangely perverted in the public mind, touching the doings of 
that Convention ; and more especially the action of the New- York 
delegation. 

It has been affirmed that " Mr. Clay was, unquestionably, the favorite 
candidate of the great mass of the whig party in the nation, and espe- 
cially of the whigs of New-York ;"* and, with equal confidence, that 



* Hammond's Political History, Vol. H., p. 528. 



HON, HENRY W. TAYLOR, OF NEW-YORK. 157 

the delegates from this state betrayed their trust, by voting against 
Mr. Clay. 

Forty delegates were chosen by the whigs, in their respective con- 
gressional districts. At an informal meeting of the whole delegation 
in New- York, on the day preceding that appointed at Ilarrisburg, it 
was ascertained that two-thirds of them were unchangeably opposed to 
Mr. Clay's nomination ; they had been so chosen, and continued stead- 
fast in their opposition to the end. 

If Mr. Clay was the unquestionable favorite of the great mass of 
the whig party of New-York, at that time, they took an extraordinary 
mode of exhibiting their favoritism ; and if the delegates, so chosen, 
did violate their trust in refusing to vote for Mr. Clay, the proof of 
this treachery is still more extraordinary. 

The wisdom of the choice was exemplified in the success of the 
candidate. 

Of that portion of the New-York delegation who had voted first for 
Scott, and finally for Harrison, Taylor stood alone, in opposition to 
Tyler for ^'ice-President. 

It was known that he had been elected to the United States Senate 
by one political party in Virginia ; and when, at a subsequent election, 
the opposing party, being in a majority, had instructed him in his duty, 
he not feeling disposed to act upon the instructions, had resigned his 
seat, to be filled by them. Mr. Taylor argued, that a senator, who 
should thus faithlessly sacrifice the interests of those who had confided 
to him so high a trust, at the bid of their political opponents, was not 
entitled to the confidence of any party. The history of Mr. Tyler's 
administration is the best commentary upon those views. 

At the close of 1840, he removed to the state of Michigan, and hav- 
ing accomplished the main object of his sojourn there, in 1848 he re- 
turned to his former place of residence, and resumed his practice in the 
courts of this state. 

The death of Judge Maynard having occasioned a vacancy upon the 
bench of the Supreme Court, Taylor was appointed by Governor 
Fish, in March, 1850, to supply his place, and immediately took his 
seat in the Court of Appeals. 

This appointment continued in force until 1st January, 1852, at which 
time Judge Taylor recommenced his practice at Canandaigua, as a 
counselor at law. 

It may not be inappropriate to add, that Judge Taylor's ancestry 
were all of the early Puritans of New-England ; among whom Avere 
Dwight of Dedham, and Governors Bradford of Plymouth, and Ilaynes 
and Wyliys of Connecticut. 



158 DISTINGUISHED AMERICAN LAWYERS. 



HON. JAMES M. WAYNE, 

OF GEORGIA, JUSTICE OF THE SUPREME COURT OF THE UNITED STATES. 



To WRITE a memoir of a living man — that is, to present a faithful re- 
cord uf his life and acts; of the impressions he has made, and is still 
malving, upon his times; of the bias he has given, and is still giving, to 
public sentiment ; and to indicate the logical deductions which may 
reasonably be drawn, prospectively, from the influence he has exer- 
cised, and is still exercising, upon men and things around him, is a 
task of no ordinary difficulty and delicacy. That the opposite opinions 
and discordant statements of his acts, as determined by the interests, 
passions, and prejudices of individuals, will be investigated with the 
sternness and impartiality that the composition of history, in its most 
extensive view, demands, is not to be expected ; nor, from the very 
nature of the task, can full force and measurement be given to the infer- 
ences which his actions will assuredly develop. It remains, then, for his 
contemporary biographer only to present an accurate narrative of 
events in their natural and unbroken sequence, neither suppressing nor 
concealing important circumstances, nor giving undue prominence 
to trivial incidents ; limiting his philosophy to effects already pro- 
duced, and to probable future conclusions ; carefully avoiding, 
however, in deducing them, the semblance even of crude or vague 
speculation. But in this limited Held of narration, he must none 
the less, if he really designs to enlighten and instruct mankind, 
studiously aim at " that nicety and strength of reflection, and 
that sqbtilty and discernment in the unraveling of character, and 
that choice of circumstances necessary for enlivening the whole nar- 
ration," which Addison tells us is essential for placing a public charac- 
ter in a proper light, that the merit designed to be perpetuated may 
not be handed down to posterity with disadvantage. With such im- 
pressions of the duty we have undertaken to perform, we proceed to 
sketch the history of a distinguished jurist, who now occupies a promi- 
nent position in our legal circle. 

The twelfth of thirteen children, James Moore Wayne, now Mr. 
Justice Wayne, LL.D., of the Supreme Court of the United States, 
was born in the city of Savannah, in the state of Georgia. His father, 
an Englishman by birth, came to this country early in life ; and marry- 
ing a Miss Cliflbrd, a descendant of a family which emigrated from 
England to South Carolina as early as 1G87, established himself in bu- 
siness in Charleston, whence he removed to Savannah. Of the thirteen 
children of this union, but two now survive, the subject of this memoir, 
and his younger brother. General William -C. Wayne, at present re- 
siding in South Carolina. 

The first schooling of Judge Wayne was such as could be afforded 
by the limited opportunities of a remote and unimportant southern 
town, as Savannah then was ; but an ill turn in business causing the 



HON. JAMES M. WAYNE, OF GEORGIA. 15^ 

removal to Savannah from Charleston, of a Mr. Mackay, an Irish gen- 
tleman of high character and scholastic attainments, a graduate of 
Trinity College, Dublin, and who had married into the old Huguenot 
family of the Bacots, connected with that of the Cliffords, gave him the 
advantages of a private tuition, which laid the foundation of those at- 
tainments, and of that persevering application, which have carried him 
through many offices of public trust and honor, to the high judicial 
station he now fills. 

The training given to him by Mr. Mackay miist have been severe, 
for in a familiar sketch of his own life, written for the anmsenienfc and 
information of his children, he says of it : " Perhaps he (Mackay) 
pushed me too fast for my age, especially as he enforced all of my 
lessons with discipline. In some particulars, I do not even at this day 
think of the latter pleasantly ; but I owe him much, and have always 
been grateful." The result of this training was shown, in his being 
presented by Mr. Mackay, at Princeton, as a candidate for the Fresh- 
man class, at an age so young, that after having been examined and 
found qualified to enter, he was told, that on account of his youth, it 
was best for him to be kept back a year, and in the mean time to pursue . 
his studies under one of the college tutors. This suggestion Mr. 
Wayne has always attributed to his father, who, while gratifying the 
natural scholarly pride of his teacher, wisely continued his son under 
restraints necessary to his age and inexperience. The selection of the 
tutor for this purpose was as judicious as the selection was wise. The 
gentleman chosen was Mr. Tutor Neal, afterwards a divine, and eminent 
as a preacher and theologian. His dignified manners, kindness and 
good advice, made serviceable and lasting impressions upon his youthful 
pupil. At the end of the year the young candidate for admission 
entered the next Freshman class without another examination. 

The following concise account of his academic career, in his own 
language, is introduced here, solely to guard others against the error 
he committed, and of which he, painfully, felt the consequences for a 
long time afterwards. No youth can hope to gain anything, at all equal 
to what he will lose, by neglecting his elementary studies for any 
general course of reading. Do what he may, subsequently, to make 
up for it, he will often find his want of foundation preventing him from 
rendering what he knows besides useful ; or efficiently so, for his own 
advancement and distinction. 

" For more than two years," he writes, " I was a student in the 
books of my classes. Afterwards, I was diverted fi'om them into a 
general course of reading, arid graduated without much distinction, but 
not without being assigned to represent my class as one of the speakers 
at Commencement. 1 lost a great deal by this neglect. It is true, I 
had not been idle. I read and wrote much from a desire to be dis- 
tinguished for composition and in debate, but I gained nothing in com- 
parison with what I lost, for my mind was not matured enough to 
profit from the higher course of history and philosophy, which were 
substituted for my college studies. In other words, I was graduated ; 
knowing something of my course, but scarcely anything of it with 
exactness, excepting logic, and that I learned because I liked it. For- 



160 DISTINGUISHED AMERICAN LAWYERS. 

tunately, my deficiencies were detected by a clerical friend* in a short 
time after I left Princeton, and nine months were passed by me in 
efforts to repair my mistake, under the instruction of two New-Haven 
graduates, who had passed through their course without committing 
my fault." 

In other respects, his college life passed happily and pleasantly ; and 
there began acquaintances and associations which have been mutually 
and cordially recognized in after years. Of his companions at this 
period who have attained eminence and distinction in the paths they 
have since severally trod, confirming the bright anticipations which 
their early abilities and high characters then induced, may be particular- 
ly noted — Mr. George Wood, the eminent lawyer, of New- York ; 
Bishop Meade, the distinguished prelate of Virginia ; Mr. Richard S. 
Coxe, the able and accomplished counselor of Washington City ; the 
Hon. Benjamin C. Howard, the sterling statesman of Maryland ; and 
the Hon. George M. Dallas, late the Vice-President of the United 
States. 

Few of those who have passed through Nassau Hall, in reviewing 
their collegiate career, and the influence it has exerted upon their char- 
acter in after life, can hesitate to attribute a large portion of it to the 
society to which they belonged. Two literary societies exist in that 
college, the " Cliosophic," and the " American Whig." The generous 
rivalry which subsists between these bodies furnishes a powerful 
stimulus to Individual exertion. Their proceedings are secret, but 
the fact that all the faculty are members of the one or the other, and 
as such, have access to their meetings and proceedings, furnishes an 
ample guarantee as to the correctness of their deportment. Mr. 
Wayne belonged to the Cliosophic Society, and it is not too much to 
say, that within its walls he formed many of those friendships which 
have lasted through life, and that he there confirmed those principles 
of manly firmness, high toned honor, and pure integrity, which have 
characterized his Avhole career. With one exception, all the college 
friends above named were members of the same society. 

Returning home, Mr. Wayne immediately commenced the execu- 
tion of a purpose, previously formed, to study law, by entering the 
office of the late John Y. Noel, one of the leading lawyers of Savannah. 
But the death of his father occurring within a few months afterwards, 
he left Savannah, by the advice of his immediate friends, to prosecute 
his professional studies at the North, where he could do so more ad- 
vantageously. New-Haven was selected as best suited for the accom- 
plishment of his purpose. Repairing thither, he became the law pupil 
of Judge Chauncey, a retired official of high legal education, who de- 
voted a portion of his time to the preparation of students for the bar. 
He was the father of the late Charles Chauncey of Philadelphia, and of 
Eiihu Chauncey, both distinguished in different ways, and for charac- 
t<jrs worthy of their name. 

As commemorative of this high-minded and estimable gentleman's 
peculiarities, which will be instantly recognised by all who knew him, 



The late Rev. Henry Kollock, D. D. 



HON. JAMES M. WAYNE, OF GEORGIA. IGl 

and as illustrative of his method of instruction, conveying useful hints 
for legal education, while at the same time the continuity of our nar- 
rative is preserved, we shall here quote Judge Wayne's own description 
of his New- Haven course. " I can never forget Judge Chauncey," he 
writes, " for in his parlor and office were laid the foundation of my 
professional career. But I did not get into either, without much ques- 
tioning of, ' who I was' — ' where I had been' — ' what I had done' — 
' why 1 came to him' — and not before he verified, in some measure, 
my answers, by examining me in both Latin and Greek ; saying, that 
he had never undertaken to teach any one the law, who was not pre- 
pared for it by previous education. The end of it was, that after a 
week, I was sent for to begin my course. He was well acquainted 
with his profession and its literature. First, he gave to me alone, for 
his other students were advanced, several lectures upon the ethics of 
the profession, illustrating them by narratives and anecdotes from the 
lives of eminent lawyers. These were not conversations, but precisely 
written chapters upon the practice of the profession, in the different 
relations of lawyer and client, lawyer with lawyer, and lawyer with 
the court and jury, in which were traced their obligations to each 
other, with exactness and truth. I was then lectured for three or four 
months upon the Roman law. First, historically, as to its sources and 
its reception in Modern Europe, and then in its subdivisions concerning 
persons, things, rights, the modes of prosecuting them, and in all of 
those analogies in relation to contracts, which exist between it and the 
English common law. It was in this course that the Latin I had learned 
was of use to me, and it has been so ever since professionally. In 
connection with this course, I was carried through the history of the 
English common law, before I was permitted to take up any of the 
works ordinarily first used in getting a knowledge of the law. Hale's 
History of the Common Law was his text, and Edward I. his hero. 
Every statute of that prince's reign, and of each succeeding reign, in 
any way bearing upon the improvement of the law, I was made to 
know something of, in contrast with the antecedent defective condition 
of English law. My^ instructor did everything he could to point out 
the road for my future travel in the profession, and it is my own fault 
if I have not made the journey. Circumstances which I could not con- 
trol, forced me to leave Judge Chauncey sooner than I wished, after I 
had been with him for twenty months. When taking my leave of him, 
he put into my hand a complimentary certificate, with one of his charac- 
teristic remarks. It was to this effect : ' I have tried to make a lawyer 
of you — go — but do not think yourself one yet. Continue to do as you 
have done with me, and I may hear before I die that you are one.' 
Nor did his interest in me cease with our separation ; for, having been 
told sometime afterward, that I was more devoted to social pleasures 
than he thought consistent with my becoming a lawyer, he wrote a 
friendly letter to ijie, very much in his peculiar way. It was as fol- 
lows : ' I hear of your health and am glad of it ; but I hear also, that 
your time is very much given to balls and dinners. That is not the way 
for you to become a lawyer. Others have tried it without success, and 
so will you.' As regards myself, he was more than half right. Under 



162 DISTINGUISHED AMERICAN LAWYERS. 

strong allurements, I was giving myself too much to society, in a vain 
hope that I could divide my time between study and pleasure. It did 
not answer though ." 

His stay in New-Haven was of much use to him in other respects 
than the study of the law. His associates there were young men who 
had been reared in the town, under the sanction of parental authority 
and affection whilst they were in college. A literary club was formed 
by them, of which he was a member, in which questions were debated, 
and essays written for the newspapers, but not published without a 
vote of the society. Mr. Ralph J. Ingersoll, recently our minister at 
St. Petersburgh, but before that a working and able member of Con- 
gress, was a leader in this society. Here also commenced his intimacy 
with Mr. B. F. Morse, then giving the promise of his after distinction 
as an artist, and now so universally known for his electro-magnetic 
telegraph. It was in New-Haven, also, that he first saw the intercourse 
of society resting upon the merits and acquirements of lessons, and 
how much literature lifted up those who have it and can use it agree- 
ably, into a position of equality with any and every artificial condition 
of life. 

Returning from New-Haven to Savannah, Mr. Wayne passed the 
first five months in the office of his brother-in-law and guardian, Mr. 
Stites, for the purpose of becoming familiar with the practice in Georgia. 
At the table of Mr. Stites he became acquainted with the older mem- 
bers of the bar in Savannah, and, fortunately, gained the kind conside- 
ration of most of them. Of these, the leader in age and learning was 
his first instructor, Mr. John Y. Noel, who had been a favorite pupil of 
Mr. Justice Paterson, of the Supreme Court of the United States. 
Next to Mr. Noel, stood Charles Harris, whose memory still excites 
the tenderest sensibilities and warmest admiration of all who knew 
him. Then came Judge William Davies, whose solid judgment and 
industry carried him to professional eminence.* After these were 
Thomas U. P. Charlton, who had much learning with great genius, and 
John McPherson Berrien, the present venerable senator from Georgia, 
whose professional celebrity and distinction as a speaker are now 
national, as it was then evident they would be. All of these gentlemen 
would have been distinguished lawyers any where — Judge Berrien, 
alone, survives. From him, whilst he presided in the Superior Court 
of the state, and from his practice afterwards, Mr. Wayne states, that 
he learned a great deal of law, and how to use it in the management of 
a cause. 

About this time Mr. Wayne became engaged to his wife, Miss 
Mary Johnson Campbell, daughter of Alexander Campbell,* of Rich- 
mond, Virginia, a young lawyer of rising reputation and briliiant 
eloquence, but whose early death, while holding the office of United 
States District-Attorney for Virginia, destroyed the expectations of 
legal distinction which his opening professional life had excited. Miss 
Campbell was then several years within her minority, and Mr. Wayne 



* See Beattie's Life of Thomas Campbell. 



HON. JAMES M. WAYNE, OF GEORGIA. 163 

not yet out of his. They were married,* and he established himself in 
Savannah as a practising lawyer. 

A partnership, previously formed with Mr, Samuel M. Bond, a first- 
rate draftsman and conveyancer, and a good lawyer, was not without 
success, but was of short duration ; the domestic condition' of both 
gentlemen making it the interest of both to separate ; and Mr. Wayne 
settled down alone and in earnest to the practice of his profession. 
The older practitioners mentioned aided him, and each at different 
times allowed him to assist in the preparation of their cases, and in 
conducting them in court. Sometimes he gained credit upon their 
labors, for it was his habit, whenever a case was given to him beyond 
his depth, to have it sounded by their better knowledge before he 
appeared in it in court. But remembering the ethics of his instructor, 
Judge Chauncey, he never asked any of them for help in any case, 
without requesting that he might be associated with them — when the 
case and the circumstances of his client admitted it — and when they 
did not, he either divided or gave up the whole of the fee he had re- 
ceived. In many cases, all of them voluntarily advised him, and it 
was not long before he was gratified by being taken into cases with 
them, upon their suggestion, and thus having his lesser experience tole- 
rated upon an equality in their counsels. Another of his habits — and 
we cannot too strongly recommend its adoption by students and young 
practitioners — had been, from the first, to take notes of the arguments 
of distinguished counsel. This improved his readiness in catching the 
main point in a cause, and besides, the notes were several times of use 
to him in arguing his own cases. Of this last advantage we will re- 
cord one instance, memorable on account of the person engaged. 

" fn the third year of my practice," he writes, " I visited New- York, 
and whilst there, went one day into one of the higher courts held in the 
City Hall. There were many spectators, and it was very plain that a 
cause of some importance was on trial. I made out to get a tolerable 
seat, and remained until the evidence on both sides was closed. The 
court then adjourned for the day, to meet the next morning. I had 
been told that Mr. Emmett and Mr. Wells were the leading counsel 
in the cause, and that one of them would begin the argument in the 
morning. I was there early. The room was soon filled. I had pencil 
and paper with me. I took the arguments of both of the gentlemen as 
minutely as I could, more as an exercise than from any expectation that 
I would have a like occasion to use them. It turned out, however, dif- 
ferently ; for, several years afterwards, I was employed in a cause, on the 
right side of it, too, involving the identical point of that. I used, 
almost without addition, my notes of Mr. Wells' argument, having the 
power from Mr. Emmett's, to anticipate everything against it, and out 
of both I made my argument. The case was won." 

The first five years of his practice were not, however, exclusively 
professional. He was drawn from it into public life, in the first instance, 
by an inducement which bore hard upon the profession in Georgia. 
The legislature had passed what is commonly known as a relief law 

* The fruits of this union were three children, two of whom survive : Brevet 
Major Wayne, of the United States Army, and Mrs. Cuyler, wife of Dr. John M. 
Cuyler, a surgeon in the army, and who has served in many active campaigns ia 
Florida and Mexico, with high professional distinction. 



\ 



164 DISTINGUISHED AMERICAN LAWYERS. 

for debtors. Suits could not be commenced against them : such as had 
been begun, were stayed in the courts from being carried into judg- 
ment and execution ; and levies could not be made for the payment of 
judcments obtained before the enactment of the law. Judge Berrien, 
then presiding in the Superior Court of Georgia, took the lead in show- 
in" and deciding that such a law was unconstitutional. Mr. Richard 
Henry Wilde, of Augusta, published a well written and learned pam- 
phlet against it, with great success ; and there was organized an oppo- 
sition to the law, for its repeal at the sitting of the next General 
Assenibly. Public sentiment in Savannah was against the law, and 
became more efficient from the stand Judge Berrien had taken, and 
from the violence of the advocates of the law against him, in other parts 
of the state. Candidates for the General Assembly were selected in 
every county of the state with reference to their advocacy or opposition 
to the relief act. In Chatham county, in which is the city of Savannah, 
Mr. Wayne was put forward as a candidate, and was elected by a large 
majority. It was his first appearance in public life, or in politics, and 
was the means of introducing him to an extensive circle of gentlemen 
in the Genei-al Assembly, who had been prominent in Georgia affairs 
for a long time, but many of whom had been, voluntarily, in retirement 
for years, and had only left it for the occasion, to help in restoring the state 
to an upright position. The proposition to repeal the law, brought out 
the speakers on both sides, and it was thoroughly discussed. The part 
borne in this discussion by Mr. Wayne, was his first attempt in political 
debate, and gained for him the favorable opinion of all who thought 
with him, and of many of those who were opposed to him. A large 
number, on both sides, united in asking him to write out his speech for 
publication. He did so; and it being very generally circulated, formed 
the beginning of that good will which the people of Georgia have 
always since shown to him, in every instance in which he has been put 
before them, or the legislature, as a candidate. 

The next year, he was again elected a member of the General As- 
sembly ; but the year after, he declined being a candidate, having been 
placed at the head of the municipality of his native city. As mayor of 
Savannah, he introduced and established the system of financial account- 
ability in the management of the city affairs, which still exists, and 
under which they have prospered without loss by the defalcation of any 
of its officers. Resigning the mayoralty as soon as he could, he returned, 
exclusively, to the practice of his profession, and worked at it, in part- 
nership with Mr. R. R. Cuyler, now distinguished for his connection 
with the internal improvements of Georgia, earnestly, industriously and 
profitably, until, receiving a written communication signed by every 
practising member of the bar in the eastern circuit of the state, request- 
ing him to become a candidate before the General Assembly for the 
bench of the Superior Court — which then had original jurisdiction in all 
cases at law and in equity, and was a court of the last appeal — he did 
so, and was elected. He presided in this court for five years and a 
half, and then resigned, to take his seat in the Congress of the United 
States, in the session of 1829-30, to which he had been elected by the 
people of the state ; Georgia then electing her representatives by a 
general ticket. 

The State Reports, and the records of the Superior Court, sufficiently 



HON. JAMES M. WAYNE, OF GEORGIA. 165 

show how his judicial duties during this period were discharged ; and 
to the reputation he then earned must, mainly, be attributed his subse- 
quent appointment to the bench of the Supreme Court of the United 
States, upon the death of that eminent man and distinguished Judge, Mr. 
Justice Johnson, of South Carolina, 

Hitherto the career of Judge Wayne had been, as we have seen, al- 
most exclusively professional, interrupted only by occasional engage- 
ments in local state politics, or municipal affairs. We must now 
trace it in a different and more extended field of action — that of na- 
tional politics. 

The period of his entry into public life is an exceedingly interesting 
one in the history of our country. The administration of the younger 
Adams had been terminated in the March previous, by the inaugura- 
tion of General Jackson. The United States were at peace with all 
the world ; but there were unsettled questions with England, France 
and Spain, requiring, on our part, delicate treatment and consideration. 
They had been the subjects of an unsuccessful negotiation, the times in 
Europe having been unfavorable for their conclusion, although pressed 
with vigor and ability by Mr. Adams, and his secretary of state, Mr. 
Clay. Our people were impatient of the delays, and the time had 
come, when, in order to avoid greater difficulties, it was necessary for 
our government to arrange the disputed boundary with England, and 
to settle the claims of our citizens upon France and Spain for spolia- 
tions upon our commerce. With the new republics of the American 
continent we were in friendly relation, but against all of them we had 
complaints, which were to be adjusted before commercial arrangements 
for niutual benefit could be matured. 

At home, the many questions of domestic policy, bearing directly 
upon sectional interests and the constitutional powers of the govern- 
ment in legislation, were more perplexing even than our foreign affliirs 
— more embarrassing, perhaps, than ever before in the history of the 
nation. The tariff" — internal improvements — the Bank of the United 
States — the public lands — the policy to be adopted in relation to the 
tribes of Indians within the limits of some of the states — were all en- 
grossing and dividing public attention. The last question formed a 
prominent topic in the new President's message, and was one of vital 
and exciting interest to the people of Georgia ; the Indians within her 
borders having, under bad advice, formed a separate and new state of 
the lands occupied by them, which declaration was instantly followed . 
by an act of the General Assembly, extending over them the political 
and civil jurisdiction of the state, with a settled determination to enforce 
it. Indeed, no administration had ever come into power with greater 
or more varied responsibilities, present and prospective. 

To add to its difficulties, the Senate was against it, in fact ; and its 
majority in the House of Representatives merely nominal. None of its 
legislative propositions could obtain sufficient support, much less a 
pai'ty vote. The opposition was active and zealous, and led with talent 
and ability. With it, too, often acted a number, who, though not 
ranged under its political banner, voted with it, for the purpose of put- 
ting the administration in a minority. The cabinet were not harmo- 
nious in feeling, nor in political intentions and anticipations. Many 
of those who had been most active in bringing General Jackson into 



166 



DISTINGUISHED AMERICAN LAWYERS. 



office, were now little inclined to support him ; and some of them had 
become his strongest opponents. It was plain that his presidential 
career was to be one of bitter strife between his friends and his ad- 
versaries, to be terminated, eventually, only by the decision of the 
people. 

Coming into Congress under these circumstances, and with the confi- 
dence of the people of his state, particularly as regarded her Indian 
difficulties, Judge Wayne, soon after taking his seat, was brought into 
frequent and close intercourse with the President and his cabinet. 

In the arrangement of the committees, he was placed on that of com- 
merce, of which the Hon. C. C. Cambreling was chairman, to whom was 
conceded by all, notwithstanding his free-trade position and propensi- 
ties, an enlarged knowledge of the principles of trade, with great prac- 
tical experience in their operation. It was in the business of this com- 
mittee, that it was first seen that the representative from Georgia pos- 
sessed industry with great application, and the ability to defend its 
action in debate when brought before the house. He was, at the same 
time, a member of the library committee, which brouglit him into fre- 
quent and pleasant intercourse with Mr. Bobbins, of Rhode Island, 
Mr. Woodbury, then a senator from New-Hampshire, but afterwards 
an associate justice of the Supreme Court, Mr. Edward Everett, and 
Mr. Gulian C. Verplanck. 

Subsequently, as chairman of a special committee, he reported a plan 
for the re-organization of the Treasury Department, upon information 
and views chiefly furnished to him by Mr. Peter G. Washington, then 
a clerk in one of its bureaux ; and afterwards, he occupied the respon- 
sible position of chairman of the Committee on Foreign Affairs, until re- 
moved from it to the bench of the Supreme Court. 

Notwithstanding the engrossing duties of his committees, he found 
time to inform himself in relation to the other business before Con- 
gress, and to participate in the discussion of every measure of impor- 
tance, connected or unconnected with our foreign or domestic policy. 

"His support of the administration was liberal, without partisan in- 
tention, or advocacy of what he could not approve. Its foreign policy 
had his uniform support. He sustained free trade without denying the 
constitutionality of protection. He opposed internal improvements 
by Congress, except of rivers and harbors, which he always upheld. 
He differed from the President as to the distribution to the states of 
the revenue received from the sale of public lands. He opposed the 
re-chartering of the United States Bank, on account of its mismanage- 
ment and its power, always admitting, however, that Congress had 
constitutional power to charter a bank ; and he took an active part 
in the removal of the Indians to a permanent home, from which they 
can never again be driven into a hunter's life by the encroachments of 
the white man. 

Three incidents in his congressional career, from the part he 
sustained in them and their results, require, however, more particular 
notice. 

His position in relation to the re-chartering of the United States 
Bank, we find clearly defined in his speech delivered on the 13th March, 
1832. (Gales and Seaton's Debates, Vol. Ylll., part 2, Page 2129.) 



HON. JAMES M. WAYNE, OF GEORGIA. 167 

At its commencement, that his future attitude to the bank, whatever 
it might be, should not be misunderstood or misrepresented, he assert- 
ed the constitutional power of Congress to charter a bank : and we 
find the assertion maintained throughout the speech. But he based his 
opposition to that bank, expressly, in terms, on the grounds, that the 
application for a renewal of the charter was made out of time, and for 
political purposes ; on account of its power, the misuse of those powers, 
and the necessity for their limitation as shown b}^ experience ; and be- 
cause, in the creation of a bank, new features ought to be introduced for 
the welfare of the government, the people, and the banking institutions 
of the states. A perusal of this speech will show, better than any 
idea we can give, the labor with which Judge Wayne investigated the 
subject, the comprehensive view of the operations of finance and trade 
that he took, and the prophetic foresight with which he foretold what 
would be the condition of the banking capital of the country, in respect 
to commerce and exchange, without any agency from a Bank of the 
United States. This speech was widely circulated, and brought him 
into correspondence and connection with the most distinguished bankers 
and financiers of the country. 

. In the contested election between Messrs. Moore and Letcher, of 
Kentucky, he acted most decisively against those with whom he usually 
voted. The record shows the ground upon which the former claimed 
the seat, and the ultimate result of the controversy. The inquiry was 
fast running into a party struggle, when Mr. Wayne attempted to 
arrest it by a speech, designed to show, that the rights of the contest- 
ants were, in their nature, judicial; in the trial of which, each member 
was bound to decide, as a judge, according to the evidence, unaffected 
by exterior considerations. He stated that he had given to the case a 
thorough examination and his most mature deliberation, and had come 
to the conclusion, that Mr. Letcher was entitled to the seat. His at> 
tempt was successful. Others joined him, and, by a vote of the House, 
the decision was made in favor of Mr. Letcher. This course, although 
it met with the disfavor of obstinate partisanship, lost him, in the end, 
no ground with the administration and its supporters. It gained him 
the consideration of many gentlemen of both parties, to whom he had 
been hitherto comparatively unknown ; attracted to him public atten- 
tion, through the newspapers; and many of those of his own political 
opinions, who had never done so before, now advised with him upon 
legal questions involving personal rights, which were to be acted upon 
by Congress, and acted with him upon them until they were finally 
disposed of. 

The third incident was a question of the greatest magnitude and im- 
portance, embracing the deepest and broadest interests — indeed, vital 
to himself and to the country — involving the perpetuity of the na- 
tion itself. In the year 1832, even before the meeting of Congress, it 
was painfully apprehended by all who were attending to public mat- 
ters, and by none more than by the President and his Cabinet, that the 
Constitution was to be tried and tested in a way it had never been be- 
fore ; and that executive interposition would be called upon to sustain 
it, unless there was such legislation upon the tariff as the politicians of 
South Carolina demanded. The legislature of that state, under the 



168 DISTINGUISHED AMERICAN LAWYERS. 

lead of !Mr. Calhoun, had taken the ground, that the state might, as to 
itself, nullify the acts of Congress for the collection of the revenue 
arising from imposts upon foreign goods. This was done upon the 
imputation, that the tariff acts were unconstitutional ; and that any- 
state, saying so, in its sovereign character, of any act of Congress, had 
a right to resist the enforcement of it within its boundaries. In the 
previous session. Congress had reduced the tariff — Mr. Forsyth in the 
Senate, and Mr. Wayne in the House, being the only members from 
Georgia who voted for it. This concession, however, by the national 
legislature, was not deemed enough by South Carolina, and at the 
ensuing meeting of the legislature it was so declared, and preparations 
were made by her for resistance. The time had now come when the 
President felt that he was called upon by every obligation of duty, to 
prepare to execute the laws with ;ill the powers with which he was 
invested, and with such an enlargement of them as the exigency called 
upon Congress to make. In his annual message to Congress, in De- 
cember, 1882, General Jackson adverted to the opposition in South 
Carolina to the enforcement of the revenue laws within her limits, de- 
signating it as endangering the integrity of the Union. About the 
middle of January ensuing, he communicated to Congress, in a special 
message, all of the papers, or documents, which had been transmitted 
to him l3y the governor of South Carolina, including the ordinance 
passed by "the convention to multiply certain acts of Congress," 
together with copies of his own proclamation in regard to them. 
Never has any executive paper been received by the people of the 
United States with more approbation and enthusiasm. The governor 
of South Carolina issued a counter-proclamation. The crisis had come. 
But, fortunately. Providence had raised up a man of the right stamp 
to meet it. The act, known as the " Force Bill," was passed. 

Among those who strongly approved of the President's course, and 
defended it in Congress, was Judge Wayne. He voted for the Force 
Bill, and, in consequence, was denounced by a portion of his own 
party. But the people of Georgia sustained him, — as the nation at 
large supported the President, — and returned him to Congress by a 
larger majority than he had ever before received, and over the head 
of every other candidate, who, in Congress, had pursued the opposite 
course. 

Throughout the whole of the exciting period of his congressional life, 
we find Judge Wayne, with the exceptions mentioned, an active and 
influential supporter and defender of the administration, but without 
the bitterness of party feeling. In debate he was ready, quick, inge- 
nious and courteous, never forgetting, in the excitement of the subject 
or the moment, the respect due to himself, to the House, or to indi- 
viduals. His legal practice, and the early habit of noting the argu- 
ments of eminent counsel, served him here to great advantage, and we 
find him generally, at once attacking the turning point of his adversary's 
ai'gunient. In his speeches we find no efibrts at declamation, nor at- 
tempts at sounded or inflated periods of popular applause, but great 
research and varied information, exhibiting a thorough and extensive 
range of exai.iination with much and careful study. In their arrange- 
ment, the system and habit of legal argument are evident ; and we find 



HON. JAMES M. WAYNE, OF GEORGIA. 1G9 

him adhering to the main points of the case with a tenacity that no 
diversions of his opponents could relax. He was always listened to 
with attention and respect ; and although his arguments might fail to 
convince, his urbanity and dignified manner won the esteem and regard 
of all who heard him. In his politics he uniformly assumed high 
national ground ; yet no one has defended the constitutional rights of 
the states more consistently, or with more vigor and ability, when 
those rights have been assailed. Calm in reflection, and deliberate in 
judgment, he steadfastly pursued his course, neither drawn aside by the 
absorbing vortex of centralization, nor madly impelled, by impetuous 
currents, upon the hidden dangers of secession. 

The impressions and influences of his political career are to be seen 
in many of the measures of public policy to which he gave his support, 
and which are now matters of national history. But in none have they 
been more apparent and decisive, than in the advancement and prosperity 
of his native state, resulting from the removal of the Indian tribes within 
her borders ; a measure, which the debate upon it shows, was one of 
the most violently and strongly contested, ever acted upon by any Con- 
gress. His speech upon that subject, (Gales & Seaton's Debates, vol. 
vi., part ii., page 1123,) sustained clearly and indisputably the moral 
and constitutional rights of the state of Georgia, to exercise jurisdiction 
and control over the Indian tribes within her limits, as asserted in the 
act of her General Assembly ; tracing them from the universally assum- 
ed and acknowledged authority of the British crown — an authority 
recognized by the Indians themselves — and which was transmitted un- 
impaired to the sovereignty of the state, when the successful termina- 
tion of the Revolutionai-y War, finally, and forever, put an end to colo- 
nial dependence. Without derogating from the merits of the other 
participants in this debate, we have no hesitation in saying, that upon 
his speech rests the action of the House. 

Withdrawing from political strife upon the acceptance of the appoint- 
ment to the supreme bench, he has taken but little part since in public 
aftairs, and then, only upon the urgent solicitations of his fi-iends, or 
the unequivocal demands of national obligations. As a delegate from 
Savannah, he attended the fiimous Knoxville Internal Improvement 
Convention, but perceiving upon its organization that it was merely 
called to confirm a predetermined conclusion, without an examination 
of, or regard to, the route through Geoi'gia, he suggested to his col- 
leagues, and impressed it upon them as essential to the interests of 
their own state, the imperative necessity of unanimous action ; and 
recommended, as best calculated to promote agreement among them, 
and to render their action effectual, that the delegates from Georgia 
should meet daily, after the adjournment of the convention, for the 
purpose of examining and criticising its proceedings. The suggestion 
and recommendation were both approved and acted upon, and the re- 
sult of these meetings was the subsequent convention of the people of 
Georgia, in which he presided, and in which was laid the foundation of 
that line of internal improvements, uniting the current of the Missis- 
sippi with the tide-waters of the Atlantic, so successfully undertaken, 
and now, almost completed. He has, also, presided in two conventions 
called for revising the constitution of his native state. And recently, 



170 DISTINGUISHED AMERICAN LAWYERS. 

when the apple of discord was again thrown into the political circle, 
and factious leaders, destitute of political science and reckless of con- 
sequences, were urging the popular mind to embrace total destruction, 
as the sole remedy for local grievances, he once more took his stand 
boldly and firmly upon the '' rock of the Union," and by his influence 
and arguments largely contributed to the attainment of that happy 
acquiescence in national legislation, which i still continues us a united 
and prosperous nation. 

" The love we bear our country is a root 
Which never fails to bring forth golden fruit ; 
'Tis in the mind an everlasting spring 
Of glorious actions ." 

The purposes of the work for which this memoir of Judge Wayne 
has been asked, and prepared, not permitting an extended review of 
his course as an Associate Justice, we are necessarily confined to a 
brief statement of those of his opinions in which only novel and im- 
portant points have been discussed and adjudicated. By the profes- 
sional reader we shall be fully understood; but by others, not conver- 
sant with the law and its history, we cannot expect an appreciation of 
the influences he has exerted upon the profession in this country ; nor 
can we hope even for a general interest in the recapitulation of cases 
we are now about to make. 

Appointed to the supreme bench on the 9th January, 1835, he took 
his seat on the 14th day of the same month. During the term of the 
court he was called upon to give the opinion of the court in the case of 
Fenwick and Chapman.* This case involved some important principles 
of general and Maryland law, relating to the construction of wills, the 
manumission of slaves, and other topics. The judgment is character- 
ized by profound learning and logical reasoning. 

In the case of Kings et al v. Binns,f decided in January, 1836, he 
evinced, as the organ of the court, that familiaiity and high appreciation 
of the ethics of the law which had constituted so important a part of 
his professional education. 

At the same time, he pronounced the opinion of the court in the case 
of Wallingford v. Allen, | determining some interesting questions, 
arising under the Maryland law, relating to the manumission of slaves, 
and the respective powers of husband and wife over slaves given to 
the latter for alimony. 

In the following year, the case of Livingston v. Story § presented 
for judgment several questions of a novel and interesting character. 
The peculiarities of the civil law, as modified in the jurisprudence of 
Louisiana, and the application to that code of the principles and prac- 
tice of English equity jurisprudence, are distinctly explained in this 
case; and also in a subsequent one between the same parties. || 

The effect to be given in one of the states of the Union to judgments 
obtained in another, and the true construction to be given to the con- 



* 9 Peters. t 10 Peters. t 10 Peters. § 13 Peters. II 13 Peters. 



HON. JAMES M. WAYNE, OF GEORGIA. 171 

stitutlonal provision and legislation of Congress on the subject, the 
efficacy of the bar of the statute of limitations, and the order of pay- 
ment of such judgments in the administration of the estates of dece- 
dents, are clearly and distinctly settled in the opinion pronounced by 
him, in 1839, in the case of McElmoyle v. Cohen.* 

In Kane v. Paul,f he expounded the rights and powers of 
executors within the District of Columbia, who had received their letters 
testamentary in one of the states of the Union, and the distinction be- 
tween such acts of the Orphans' Courts as are nearly void, and such as 
are only voidable. 

At the same term, the novel case of the United States vs. Wood J 
came up for judgment. The party had been indicted for perjury, under 
the revenue collection laws ; and the question to bei decided upon a cer- 
tificate of a division of opinion in the circuit court was, whether it was 
essential^ in order to obtain a conviction^ that the government should pro- 
duce at least one living witness^ corroborated by another witness, or by 
circumstances, to contradict the oath of the defendant. The point was 
investigated by Judge Wayne with his accustomed acuteness and 
ability, and he delivered the opinion of the court, negativing the ques- 
tion propounded for decision. 

The case of the United States vs. the Bank of the Metropolis.^ pre- 
sented some interesting questions as to the obligations of the govern- 
ment, in making itself a party to a negotiable commercial instrument, 
and of the power of a head of an executive department over the acts of 
his predecessor in office. The lucid opinion pronounced in this case by 
Mr. Justice Wayne, settled the law upon both these points, by estab- 
lishing that the government, by accepting a draft drawn on it, assumes 
precisely the same obligations which an individual would incur by the 
same act ; and that the Postmaster-General, possessing only the same 
powers and authority which were by law vested in his predecessor in 
office, could not disallow or recall credits and allowances made and 
sanctioned by such predecessor, if, in makijig them, he had acted within 
the scope of the authority given by law to the head of the department. 

The case of Dobbins and the Commissioners of Erie county, || in- 
volved the question of the constitutionality of an act of the Common- 
wealth of Pennsylvania, under which an officer of the government of the 
United States had been rated and assessed with county taxes, for his 
office as such. The judgment of the Supreme Court pronounced the 
law to be in conflict with the constitution of the United States, and 
therefore a nullity. 

At the same time the celebrated case of Prigg vs. the Commonwealth 
of Pennsylvania,^ brought to the consideration of the court the inter- 
esting questions relating to fugitive slaves, which have so long ex- 
cited this nation. The opinion of the court was delivered by Mr. Jus- 
tice Story. As, however, there were important difierences of opinion 
on the bench, ]\Ir. Justice Wayne delivered a separate opinion, concur- 
ring in, and supporting that held by the majority of his brethren. In 
this opinion will be found original views relating to the constitutional 
compromise on this subject, and its intei'pretation. 



* 13 Peters, f 14 Peters. X H Peters. § 15 Peters. II 16 Peters. H 16 Peters. 



172 DISTINGUISHED AMERICAN LAWYERS. 

In the session of 1844, the case of the Louisville, &c., Rail-road Co. 
vs. Letson,* brought up for reconsideration a question involving the ju- 
risdiction of the courts of the United States. The proposition to be 
discussed and decided was, whether an incorporated body, deriving its 
charter from a law of one state, could be sued in the circuit courts of 
the United States by a citizen of another state, without the averment or 
proof that all the members of the corporation were citizens of the state 
in which the suit was instituted. This question had been presented to 
the court on former occasions, and a judgment upon it had been pro- 
nounced. The court was now called upon to review and reconsider its 
former judgments. The case was argued with distinguished ability. 
To Mr. Justice Wayne was entrusted the duty of delivering the opinion 
of the court. In performing this task, he admitted the authority of the 
decisions which were to be encountered ; showed that the first had been 
decided without argument, and that the third had been reluctantly 
given upon the mere authority of the preceding cases ; and that they 
had not been satisfiictory to the bar, or even to the court. The subject 
is then elaborately discussed upon principle, and the jurisdiction of the 
Circuit Court asserted and maintained. 

In 1846, Judge Wayne, in pi-onouncing the opinion of the court, in 
Michaud vs. Giraud.t was called upon to exhibit his familiarity with the 
principles of the civil law, which constituted the foundations of Louisi- 
ana jurisprudence, and the morality which pervades that system. The 
case had been argued with eminent ability, but the judgment of the 
court displays the most careful and discriminating examination of the 
facts of the cause, and a profound acquaintance with that system of ju- 
risprudence which was to be administered. 

In the case of Williamson vs. Berry, J from the New- York circuit, the 
opinion of the majority of the court was delivered by Mr. Justice 
Wayne, there being three dissenting opinions. The questions deci- 
ded were numerous and complicated, so as to render it impracticable 
to present them at the same time in a brief, yet comprehensive form. 
But in it are decided for the first time in the Supreme Court, how far a 
minor's interest in an estate under a will may be affected by the legis- 
lation of the state, and to what extent a court of chancery may go in 
carrying out that legislation. 

The case of the United States vs. Kinsj & Coxe.S is one of the most 
remarkable cases in our judicial annals. It involved principles of law 
peculiar to Louisiana and the countries from which her jurisprudence 
had been derived. The defendants claimed title under a grant made 
by the Spanish authorities in Louisiana while a province of Spain ; and 
it was understood that upon the decision made in this case, would de- 
pend upon a number of titles in the same region of country, emanating 
from the same source. Mr. Justice Wayne, with three of his associ- 
ates on the bench, dissented from the majority of the court, and he de- 
livered the opinion expressing the grounds of that dissent. In the dis- 
cussion of the questions presented, he indicated a thorough acquaint- 
ance with the subject; and it cannot be questioned, that in the conclusions 
to which he came, as well as the legal principles, and in the statement 



• 2 Howard. t 4 Howard. t 8 Howard. , $ 7 Howard. 



HON. JAMES M. WAYNE, OF GEORGIA. 173 

of the usages of the Spanish authorities with which ho sustained those 
conclusions, his views have been sanctioned by the unanimous concur- 
rence of the learned bar of the state from which the cause was brought, 
and by the opinion of the most eihinent jurisconsults and statesmen of 
Spain herself. 

The cases of Smith v. Turner, and Norris v. the City of Boston,* 
known to the profession, as the " Passenger Cases," again exhibited a 
great diversity of opinion on the bench. They presented the question 
of the constitutionality of certain statutes of the states of New-York 
and Massachusetts, imposing taxes upon alien passengers arriving from 
foreign countries in the ports of those states. The majority of the court 
concurred in the opinion that the statutes in question came in collision 
with the constitution of the United States, and were consequently void. 
On this point, Mr. Justice Wayne agreed with the majority of his bre- 
thren, and delivered an opinion, indicating minutely and clearly the 
points intended to be decided by the majority in the cause, and sus- 
taining, with much additional research, the antecedent opinions given by 
the Supreme Court, in respect to the exclusive constitutional power of 
Congress to regulate commerce. 

The case of Oldfield v. Marriott.f presented on its face the simple 
question, whether or not the vessels of Portugal are embraced within a 
clause of the act of July, 1846, reducing duties on imports, when taken 
in connection with the existing treaty with Portugal. But in delivering 
the opinion of the court, Mr. Justice Wayne gave a history of the 
policy and measures of the government of the United States from the 
year 1785 ; showing, that from that early period it had been inces- 
santly laboring to persuade other nations, by both precept and example, 
to unite in a general system which should produce an universal and 
common abolition of discriminating duties upon commerce, as well in 
direct as in indirect trade. 

Two important branches of the law, in which Mr. Justice Wayne has 
exerted an especial influence, demand particular notice here. 

One of the most interesting subjects, in every point of view, which 
is exhibited in our judicial history, is that of admiralty jurisdiction. It 
is perfectly well known to the profession, and to his brethren on the 
bench, that no individual has more earnestly devoted himself to this 
particular topic, nor exhibited more industry or research in exploring 
it, nor contributed more effectively to the establishment of those prin- 
ciples which are now recognized as governing this interesting and im- 
portant branch of jurisprudence, than the subject of the present memoir. 
In the year 1847, the case of Waring v. Clark J was brought to the 
consideration of the court. It was a suit in the admiralty, originating 
in a collision which occurred between the vessels on the Mississippi 
River, about ninety-five miles above New-Orleans. In the judgment 
delivered by Mr. Justice Wayne, it became necessary to examine at 
great length the history of the admiralty jurisdiction in both England 
and the United States, to institute a comparison, and to discriminate 
between them, and to lay down certain and precise rules, by which the 



* 7 Howard. t 10 Howard. t 5 Howard. 



174 DISTINGUISHED AMERICAN LAWYERS. 

courts of the Union are to be governed in the administration of their 
functions. This task was performed with great ability ; and it is be- 
lieved that the lines there drawn will, henceforward, be regarded as per- 
manently settled land-marks on this subject. In a dissenting opinion, 
in the case of Cutler V. Rae,* some additional views are presented in 
reference to the admiralty jurisdiction of the federal courts, which have 
had the concurrence of the profession very generally, and particularly 
that of Mr. Benedict, who has favored the profession, since that case 
was decided, with a learned and useful treatise upon the admiralty 
law. It is the opinion of Judge Wayne also, and has been so expressed 
by him officially, that the admiralty power given to the courts by the 
constitution, gives to the courts jurisdiction in admiralty upon cases 
occurring upon the lakes. 

There is, perhaps, no one department of the law involvings greater or 
more momentous interests than those which concern the public lands, 
particularly that portion of them which lies within territories which the 
United States have acquired from foreign powers. By our treaties with 
Spain, France, and Mexico, we have become the sovereign over im- 
mense tracts of country, which were alien to us when our constitution 
was framed. These territories were ceded to us with the most special 
provisidus for the maintenance and protection of private rights previ- 
ously acquired. Questions of the most delicate and difficult kind have 
constantly presented themselves for judicial decision, involving the con- 
struction of treaties, the laws and usages of the countries from which we 
obtained the territories in question, and requiring, in the determination 
of them, a profound knowledge of jurisprudence, a familiar acquaintance 
with the routine of executive administration in each ; but above all, a 
high sense of that honor and that justice which should keep out of view 
the pecuniary advantage which might result to the national exchequer 
from rejecting the claims of individuals, and pronouncing the lands 
which they claimed, and had long possessed, to be held by insufficient 
titles, and to belong to the public domain. In the investigation of 
such causes, it is perfectly well known that no member of the bench has 
been more laborious, more conversant with the law by which they were 
to bo decided, nor, above all, more distinguished for high appreciation of 
the obligations of treaties, and impartiality in the adjudication of them. 

A very brief review has thus been presented to our readers of the 
judicial career of Judge Wayne, so far as that history can be gathered 
from the reported decisions of the Supreme Court. Such a history is 
necessarily exceedingly imperfect, although we trust that sufficient has 
been exhibited to show, especially to a professional mind, the high and 
varied accomplishments and judicial qualifications of this justly distin- 
guished judge. In the reports of the decisions of the English courts, 
it is at once seen that each member of the bench, even when they are 
unanimous in the conclusions to which they arrive, is in the habit of 
assigning his own views of the case and the grounds upon which he 
has concurred in the decision. In the Supreme Court of this Union, 
the practice, especially in recent years, has been diffijrent. Those who 



♦ 7 Howard. 



HON. JAMES M. WAYNE, OF GEORGIA. 175 

concur in the judgment pronounced, rarely assign their reasons for such 
concurrence ; and in cases of dissent it not unfrequently happens, that 
even the fact of non-concurrence is not reported, but still oftener, the 
grounds and reasons of the dissent are not expressed. 

We should, therefore, form a very erroneous estimate of the legal 
character of any member of that bench, should we draw our inferences 
merely from the opinions which he has delivered. Still more should 
we err, were we to confine ourselves to the same premises in estimating 
the influence which such judge has exercised over the jurisprudence of 
the country. We will not say that such narrow conclusions would do 
especial, much less exclusive, injury to the judicial character of the 
subject of these remarks ; but it may unhesitatingly be said, that a more 
signal instance cannot be found in our history. 

In concluding this brief, and necessarily very imperfect sketch of the 
career of Judge Wayne, it may not be unimportant to draw the atten- 
tion of the professional student to some considerations which it suggests. 
The extensive additions made to the territory of the United States, by 
acquisitions from France, Spain and Mexico, have brought within the 
sphere of judicial action a multitude of cases which are to be governed 
by a code of jurisprudence widely different from the common law. 
Questions daily occur, which require, in their correct decision, a familiar 
acquaintance with the civil law, the various modifications which that 
code has undergone in Spain and in France, the colonial policy of those 
governments, and the usages and practices of their provincial function- 
aries. To comprehend these, a knowledge of the languages of these 
countries, as well as of the Latin, is indispensable. Indeed, it may 
ta-uly be said, that at this period of our history, no man can, with 
credit to himself, or satisfaction to the community, perform the duties 
of a Judge of the Supreme Court of the United States without some 
knowledge of these languages, and an accurate acquaintance with those 
various systems of jurisprudence. We have seen that the civil law 
constituted an important part of the professional education of Judge 
Wayne, and its inestimable value has been made apparent throughout 
his judicial career. 

Another branch of that education was also, as has been stated, the 
ethics of the law, a branch, unfortunately for the honor and utility of 
the profession, too frequently neglected. The fruits of 'this course of 
study have been conspicuous throughout the entire professional and 
political career of Judge Wayne, and have fixed a character upon his 
judicial life. Sterling integrity, pure honor, a sincere and ardent love 
of justice, a manly sympathy with the rights of parties independent of 
technical impediments, are manifest throughout; and the reports of the 
judgments of the courts in which he has so long officiated, will remain 
an enduring monument of his virtues as a man, and of his eminent 
qualifications as a judge. 



"X^ 



176 DISTINGUISHED AMERICAN LAWYEES. 

HON. ROBERT N. MARTIN, 

OF MARYLAND. 



The subject of this intentionally brief memoir was born at Cam- 
bridge, in the county of Dorchester, on the eastern shore of Maryland. 
He is the son of the late distinguished William Bond Martin, a judge 
of the Maryland Court of Appeals. After Mr. Martin had thoroughly 
prepared himself for the study of the profession of the law, to which he 
had resolved to devote himself by the acquisition of a classical and 
complete education, he, with great ardor, commenced his studies with 
his accomplished father. From the office of his father he passed to that 
of the Hon. Roger B, Taney, now the very eminent Chief Justice of 
the United States. Under the tutelage of this enlightened jurist he re- 
mained for some time, and until he was admitted to the bar. Soon after 
his admission, the people of his congressional district, reposing all confi- 
dence in his ability, integrity and patriotism, turned their attention 
towards him, as one who would be a fit representative of their interests 
in the Congress of the United States, At an age when Mr. Martin was 
barely eligible, he was elected by a highly complimentary majority ; 
and in the debates on some of the important questions which arose in 
Congress, gave satisfactory evidence to his constituents and fellow- 
members that the confidence reposed in him had not been misapplied. 
Mr. Martin remained but one term in Congress, and then returned to 
the diligent pursuit of his profession, and by the advice of his friends lo- 
cated himself in the city of Baltimore, where they correctly supposed 
there would be found larger scope for the exercise of his varied accom- 
plishments. After pursuing his professional avocations for several 
years in such manner as to command the respect of the bench, and 
to insure for him the affections of his brethren of the bar, Mr. Martin 
was called by Governor Pratt to a seat on the judicial bench as Chief 
Justice of the fifth judicial district ; and it is admitted by his asso- 
ciates on the bench, by counsel practising at the bar of the court over 
which he presided, as well as by the suitors themselves, that he dis- 
charged his responsible functions in such manner as to give general 
satisfaction. By the judicial system as it existed while Judge Martin was 
on the bench, the chief judges' of the several judicial districts constituted 
the judges of the Court of Appeal. As ajudge of that court. Judge Martin 
may be referred to with pride and pleasure by every Marylander. If 
ever a judge held the scales of justice with a firm and steady hand, 
Judge Martin was that individual. Respectful to all in his judicial de- 
port"ncut, he was partial to none. His opinions, which are spread out 
numerously in the books, attest the profundity of his learning, as well 
as the fiilhiess of his research. 

One of the highest compliments which can be paid by his professional 
brethren to a judge, is justly due to this officer. In the administration 
of his office, and In presiding on the bench of justice, the youngest and 
least experienced member of the profession was as certain to receive 
at Ills hands a considerate and patient attention, as was the most 



gifted of the bar. 



^6sf 



